Florida’s 2nd District Court of Appeal has joined the 4th DCA in its finding that damage caps in medical malpractice injury lawsuits are unconstitutional. These damage caps, enacted by a 2003 overhaul of state law by then-Gov. Jeb Bush, limit the amount of money injury plaintiffs can receive for pain and suffering when medical malpractice results in a serious personal injury.
The Florida Supreme Court is still reviewing the 4th DCA’s finding in a similar case, North Broward Hospital District v. Kalitan, in which the hospital is appealing the court’s finding that damage caps shouldn’t apply to injury lawsuits stemming from the breach of care acceptable care standards by doctors, nurses and other health care workers.
This conflict between the appeals court rulings and the law come after the Florida Supreme Court’s 2014 decision in McCall v. U.S., in which justices ruled non-economic damages in medical malpractice wrongful death lawsuits are not constitutional. So the sticking point in the current cases is whether that also extends to injury cases, where plaintiff did not die. Continue reading →