Damages Caps are Gone With the Wind in Florida….

On June 8, 2017, the Supreme Court of Florida, in a 4-3 decision, stuck down the application of “caps” on wrongful death non-economic damages in a medical malpractice action, holding that the cap on damages violates the Equal Protection Clause of the Florida Constitution. The Court’s decision in North Broward Hospital District v Kalitan, together with its previous opinion in McCall vs. United States, which struck down caps on non-economic damages in a wrongful death action, essentially eviscerate caps on non-economic damages, two key components of tort reform in the State of Florida. In both decisions, the Court proclaimed that there is no evidence of a continuing medical malpractice crisis in the State of Florida and, therefore, no reason to justify these components of tort reform. Unfortunately, these two court decisions now leave health care providers subject to unlimited damages for “pain and suffering” in medical malpractice law suits, which will only ensure increased litigation and, most certainly, increased medical malpractice insurance premiums. The attorneys at Ullman Bursa Law remain steadfastly committed to providing zealous representation of our health care clients and their insurers in all aspects of civil litigation, including medical malpractice, nursing  home, and assisted living cases.