Supreme Court holds medical malpractice caps not retroactive

The Florida Supreme Court declined to address the constitutionality of damage caps in injury malpractice cases but did declare that if such caps are constitutional they may not be applied retroactively to an event that occurred prior to the date the malpractice cap statute was enacted by the legislature. The Florida Supreme Court has previously declared that caps on damages in medical malpractice death cases are unconstitutional. Miles v. Weingrad – So.3d —- 2015 WL 2401261 (Fla. May 21, 2015).