Florida Supreme Court strikes down caps on noneconomic damages in other types of medical malpractice cases.
Back in 2004, a law was passed by the Florida Legislature placing severe caps on noneconomic damages in medical malpractice cases. In a Florida Supreme Court case decided back in 2014, the Florida Supreme Court found those caps to be unconstitutional in malpractice cases involving the death of the patient. (Estate of McCall v. the United States, 134 So. 3d 894 (Fla. 2014). That earlier decision technically left open the question of whether the caps were still in effect for malpractice cases when the patient was only seriously injured but did not die because of the medical malpractice. Now, in...Continue reading