The Florida Supreme Court has agreed this summer to hear an appeal on an appellate decision finding medical malpractice non-economic damage caps unconstitutional.
If that sounds a bit familiar, you may be recalling the 2014 case of Estate of McCall v. U.S., in which the state high court ruled that limits on non-economic damages in wrongful death cases arising from act of medical negligence was unconstitutional.
Now in North Broward Hospital District v. Kalitan, the question is whether this also applies to personal injury cases arising from acts of medical negligence. If the court affirms the appellate court, as many legal scholars speculate it will, it would be a huge victory for victims of medical malpractice in Florida. It will mean they can receive the full amount awarded by a jury – the amount to which they are entitled – instead of being blocked by an arbitrary cap on damages. Continue reading