Medical Malpractice Defense E-lert -- Caps on 'Pain and Suffering' Damages in Medical Malpractice Death Cases Ruled Unconstitutional

On Wednesday, March 13, 2014, the Florida Supreme Court issued its long-awaited ruling in the McCall vs. United States medical malpractice case. In it, the Court found that, in wrongful death cases, the caps on non-economic damages enacted in 2003 violate the equal protection provision of the Florida Constitution.  The caps remain in place in cases involving non-lethal injury.  The ruling will affect wrongful death cases currently in litigation as well as those yet to be filed.


To read the full e-lert, click here.