North Broward Hospital District v. KalitanAnnotate this Case
The caps on personal injury noneconomic damages in medical negligence actions provided in Fla. Stat. 766.118 violate the Equal Protection Clause of the Florida Constitution.
This case arose after complications from surgery left Appellee severely injured. After trial, Appellee’s noneconomic damages were capped by Fla. Stat. 766.118(2) and (3). The Fourth District Court of Appeal directed the trial court to reinstate the total damages award as found by the jury, concluding that section 766.118 was invalid. The Supreme Court affirmed, holding (1) the caps on noneconomic damages in sections 766.118(2) and (3) arbitrarily reduce damage awards for plaintiffs who suffer drastic injuries; and (2) there is no rational relationship between the personal injury noneconomic damage caps in section 766.118 and alleviating a purported medical malpractice insurance criss.