The Medical Malpractice Reform Act of 1975: The Unanswered Issues of <em>Carter v. Sparkman</em>

Spence, J. B. & Stillman, Joel

Journal: University of Miami Law Review

Volume: 33

First Page: 1155

Year: 1979

Bluebook Citation: 33 U. MIAMI L. REV. 1155 (1979)

Author: Joel Stillman: all 1 publication


Abstract

In the wake of rising criticism of Florida's Medical Malpractice Reform Act of 1975, the authors examine several constitutional issues which were not addressed by the supreme court in its validation of the Act in Carter v. Sparkman. The Act is criticized as constitutionally deficient on equal protection and substantive and procedural due process grounds. In their appeal for reform, the authors present several salient insights into the burdens placed on medical malpractice claimants under the present Act.

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