Florida Court Lifts Cap on Noneconomic Damages in Medical Malpractice Cases
In July 2015, the Fourth District Court of Appeals in Florida ruled that caps on noneconomic damages in medical malpractice cases are unconstitutional, and they do not apply in personal injury cases.
This ruling was based on an earlier decision in 2014 of the Florida Supreme Court which struck down damages caps in wrongful death cases because they represented a violation of the equal protection clause in the Florida Constitution. The Florida legislature established the cap of $500,000 on non-economic damages in personal injury cases in 2003.
The case that the court was considering was that of Susan Kalitan who had filed a medical malpractice suit against North Broward Hospital District, anesthesiologist Robert Alexander, his employer, Anesco North Broward, Barry University, nurse-anesthetist Edward Punzalan and nursing student Eleidy Meides. Kalitan filed a medical malpractice lawsuit because her esophagus was perforated during an outpatient surgical procedure for carpal tunnel syndrome. After the botched surgery she was in a medically induced coma for six weeks and intensive care for three months.
In her original trial, the jury awarded Kalitan $4.7 million in damages, which included $2 million for past pain and suffering and $2 million for future pain and suffering. Due to the statutory caps on noneconomic damages for catastrophic injuries, Broward Circuit Judge Jack Tuter reduced the noneconomic damages to $1 million. The court reduced the hospital’s liability to $100,000, it ruled that Barry University should not be held liable for the actions of Punzalan, who was supervising the student who administered the anesthetic to Kalitan.
After all of the reductions, Kalitan will still be able to collect $3.8 million, which includes interest that has accrued in the 3 1/2 years that the case has been moving through the courts.
This ruling can still be appealed to the U.S. Supreme Court.
This ruling is good news for personal injury plaintiffs who have been injured by medical malpractice. Now that the caps on noneconomic damages have been lifted, injured people will be able to receive compensation for their pain and suffering caused by the negligence of a medical professional. It may also have far-reaching effects, as Florida’s decision could set a precedent for other states with damage caps to overturn their laws. If so, perhaps justice may finally be served to personal injury victims throughout the country.
Christopher T. Nace works in all practice areas of the firm, including medical malpractice, birth injury, drug and product liability, motor vehicle accidents, wrongful death, and other negligence and personal injury matters.
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