FL Supreme Court Strikes Damage Caps in Medical Malpractice Case

Today, the Florida Supreme Court struck down damage caps in a medical malpractice case where a person endured serious injuries.

In 2014, the Court struck down the caps as well, but in a death case.  In today’s case, North Broward Hospital District v. Kalitan,  the Supreme Court specifically held that the damage caps violated the Florida Equal Protection Clause.  The Court held that that there was no rational basis to treat injured, medical negligence victims differently than victims of other forms of negligence.

At PWD, we salute the Court’s majority for its commitment to the Equal Protection Clause and protecting Floridians right to a full and fair trial.

This decision was close, 4-3.  Therefore, we must remain diligent in our cause to protect the courts from agenda-based appointments. Now more than ever.