Florida Supreme Court Throws Out Wrongful Death Medical Malpractice Caps

Florida Supreme Court Throws Out Wrongful Death Medical Malpractice Caps

Florin Roebig // Personal Injury // Medical Malpractice // Employee Rights // Construction Negligence // Product Liability

In a 5-2 ruling on Thursday, the Florida Supreme Court decided in the McCall case that the heart of the 2003 medical malpractice law placing caps on wrongful death noneconomic damages are unconstitutional.  While the law was enacted caps for payments of pain and suffering were $500,000 or $1 million, depending on the case.

The case that the Florida Supreme Court reviewed involved a 20 year old woman who passed away after a caesarean (C-Section) during the birth of her son and bleed to death in 2006 at a Fort Walton Beach Hospital.  McCall’s estate filed a lawsuit against the federal government because she was a member of a military family and treated by Air Force medical staff.  During the case, a federal judge found in favor of the family and awarded $2 million in noneconomic damages, but the award was reduced to $1 million because of the 2003 state law.  The case was appealed to the 11th US Circuit Court of Appeals in Atlanta and a ruling was issued that the damages did not violate the federal Constitution and the Florida Supreme Court should consider this constitutional issue.

Last March, Florin Roebig attorneys Wil Florin and Eric Czelusta obtained a $2.25 million jury verdict in Pinellas County on behalf of the widow of an 81 year old male that had a known intolerance to Morphine.  The McCall decision will now allow families bringing forward wrongful death lawsuits involving medical malpractice to obtain full justice in the state of Florida.

Florin Roebig has successfully handled numerous wrongful death lawsuits throughout the state of Florida and obtained multiple jury verdicts and settlements. Call Florin Roebig for a consultation at (727) 786-5000 or submit information about your case on our Contact page.

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