South Florida Injury Lawyers Blog
Last year, the Florida Supreme Court took on the issue of caps on non-economic damages in medical malpractice wrongful death cases. The court ruled in Estate of McCall v. United States that capping damages in these cases was unconstitutional.
This was a major victory for those who had suffered the death of a loved one due to the negligent acts of a doctor or health care facility.
Now, Florida’s Fourth District Court of Appeal has taken the issue a step further. In the recent case of North Broward Hospital District et al. v. Kalitan, the court ruled non-economic damage caps for ALL medical malpractice personal injury cases is unconstitutional. In other words, the patient doesn’t have to die in order for damage caps to be lifted.