Legal Topics

Torts — Medical malpractice — Emergency room treatment — Damages — Limitation — Medicaid cap — Constitutionality — Equal protection — Section 766.118(6), which caps noneconomic damages awardable specifically to Medicaid patients to $200,000 per provider and $300,000 per incident when that treatment has been determined by a jury to be negligent, is unconstitutional as applied to claim in instant case involving negligence committed in emergency department by a nurse — Given case-specific context, there is no rational basis for a cap on damages to incentivize medical care where law already requires it or where there is no alleged shortage of nurses to treat Medicaid patients — Application of cap in this context violates Equal Protection Clause — Defendants’ motion for directed verdict or new trial on liability and damages is denied where evidence was sufficient to support finding of liability and counsel for plaintiff made no improper questions or comments warranting new trial — Remittitur of noneconomic damages for future pain and suffering is appropriate where amount awarded, which exceeded amount sought by plaintiff by a factor of 2.5, was against manifest weight of evidence
Apr 21st, 2026 in by admin

Torts -- Medical malpractice -- Emergency room treatment -- Damages -- Limitation -- Medicaid cap -- Constitutionality -- Equal protection -- Section 766.118(6), which caps noneconomic damages awardable specifically to Medicaid patients to $200,000 per provider and $300,000 per incident…


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Mortgages — Foreclosure — Limitation of actions — Five-year statute of limitations to file foreclosure action began to run from date of acceleration letter where mortgage did not contain reinstatement provision or any other similar contractual term that would give mortgagee or mortgagor right to reinstate installment nature of mortgagor’s payment obligation after acceleration occurred — Because foreclosure action was filed outside of five-year limitations period, mortgagor’s motion for summary judgment is granted
Apr 18th, 2026 in by admin

Mortgages -- Foreclosure -- Limitation of actions -- Five-year statute of limitations to file foreclosure action began to run from date of acceleration letter where mortgage did not contain reinstatement provision or any other similar contractual term that would give…


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