Florida Injury Lawyer Blog
The Florida Supreme Court has agreed to consider whether the 4th District Court of Appeals made the right call in finding damage caps on personal injury verdicts stemming from medical malpractice unconstitutional. 
In the case of North Broward Hospital District v. Kalitan, defendant appeals finding that the $500,000 damage caps for medical malpractice injuries are unconstitutional. The appeals court based its ruling on the 2014 Florida Supreme Court decision in McCall v. U.S., which was a wrongful death lawsuit stemming from medical negligence.
In McCall, the Florida Supreme Court ruled that damage caps in wrongful death cases involving medical malpractice were arbitrary and violated plaintiffs’ constitutional rights to equal protection. Further, the court pointed out the stated purpose of the legislators’ action – a purported crisis with health care insurance premiums – was ill-founded. In fact, there is little evidence to suggest that imposing a cap on damages lowers health care insurance costs. Continue reading ›
