• Caps on 'Pain and Suffering' Damages in Medical Malpractice Death Cases Ruled Unconstitutional
  • March 28, 2014
  • Law Firm: GrayRobinson P.A. - Orlando Office
  • 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.