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.
J. B. Spence and Joel Stillman,
The Medical Malpractice Reform Act of 1975: The Unanswered Issues of Carter v. Sparkman,
33 U. Miami L. Rev.
Available at: http://repository.law.miami.edu/umlr/vol33/iss4/12