Travieso McLeod Founding Partner, Robert Travieso, was recently featured in the Florida Times-Union with a guest opinion column examining a little-known provision of Florida’s medical malpractice law that can significantly limit non-economic damages for certain Medicaid patients.
In “What Happens When Florida Providers Cap Medicaid Damages,” Robert discusses Florida Statute § 766.118(6), which contains special limitations on non-economic damages in certain medical malpractice claims involving Medicaid recipients.
The issue is particularly notable because the Florida Supreme Court previously struck down Florida’s broader medical malpractice caps on non-economic damages. In Estate of McCall v. United States, the Court invalidated the caps as applied in medical malpractice wrongful death cases. Three years later, in North Broward Hospital District v. Kalitan, the Court held the general caps on non-economic damages in medical malpractice personal injury cases unconstitutional.
The Medicaid-specific provision, however, remains.
Why the Medicaid Cap Matters
Non-economic damages are intended to recognize losses that cannot be calculated from a medical bill, including pain and suffering, disability, mental anguish, disfigurement, and loss of enjoyment of life.
As Robert explains in his Times-Union column, the Medicaid provision can result in very different treatment of patients who experience the same type of medical negligence and devastating harm depending on whether the injured patient is covered by Medicaid.
The column examines that distinction, the history of Florida’s medical malpractice damage caps, and the arguments surrounding whether Medicaid patients should remain subject to a limitation that does not generally apply to other medical malpractice patients.
“Same harm, different justice.”
That question is particularly significant in catastrophic injury and wrongful death cases, where non-economic damages may represent some of the most profound consequences experienced by a patient and family.
Read More
The complete guest column is available through the Florida Times-Union. A subscription may be required to access the full article.
Read Robert Travieso’s guest column in the Florida Times-Union →
Travieso McLeod has also published a more detailed educational article explaining how Florida’s Medicaid medical malpractice caps work, who may be affected, and how they differ from the broader medical malpractice caps previously struck down by the Florida Supreme Court.
Read: Why Does Florida Law Place a Lower Value on the Lives of Poor Medical Malpractice Victims? →
At Travieso McLeod, the firm believes informed public discussion about medical malpractice laws, patient rights, and healthcare accountability is important. Robert’s Florida Times-Union column brings greater public attention to a provision of Florida law that many patients and families may not know exists.
About Robert Travieso
Robert Travieso is a founding partner and trial attorney at Travieso McLeod, P.A. The firm represents individuals and families throughout Florida in complex medical malpractice, catastrophic personal injury, and wrongful death cases. Request a free consultation online or give us a call at (904) 204-3013.
