Broward Injury Lawyer Blog
Another Florida appellate court has struck down a state law that restricts the amount of money that can be awarded for pain-and-suffering in a medical malpractice lawsuit that results in injury. The Florida Supreme Court had already declared that medical malpractice damage caps on such cases resulting in death were not constitutional. However, the question of whether damages could be capped in cases that “only” resulted in injury was left unanswered. 
Now, the 2nd District Court of Appeal joined the 4th DCA’s prior opinion, holding that these non-economic damages are also not constitutional. The Florida Supreme Court is still weighing the 4th DCA’s opinion on the issue.
This could result in the biggest change in Florida injury litigation in more than a decade. Two years ago, the Florida Supreme Court ruled in McCall v. U.S. that medical malpractice damage caps – imposed by a 2003 state law under then-Gov. Jeb Bush – were not constitutional in cases where the patient had died. Now, the 2nd DCA has ruled in Port Charlotte HMA v. Suarez that the same is true when the patient survives medical negligence. This backs the findings of the 4th DCA in North Broward Hospital District v. Kalitan. Continue reading
