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Caps on 'Pain and Suffering' Damages in Medical Malpractice Death Cases Ruled Unconstitutional

by GrayRobinson P.A. - Orlando Office

March 28, 2014

Previously published on March 19, 2014

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.


The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.

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