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Florida Supreme Court Throws Out Caps in Wrongful Death Medical Malpractice Cases


In a landmark decision on March 13, 2014, the Florida Supreme Court ruled in McCall v. United States that the Florida caps on non-economic damages in medical malpractice wrongful death cases are unconstitutional because they violated the right to equal protection under the Florida Constitution.

Using the pretext of a supposed medical malpractice insurance crisis, in 2005 the Florida Legislature to the decision out of a jury's hands and enacted caps on non-economic damages in all medical malpractice case. Now, like any other type of wrongful death case, there is no limit or cap on the non-economic damages a jury can render a verdict for in wrongful death medical malpractice cases. It still remains to be seen whether the Florida Supreme Court will similarly hold unconstitutional the non-economic damage in medical malpractice cases were the victim was injured and did not die.

This decision by the Florida Supreme Court protects innocent families of people killed as a result of medical malpractice by providing the jury with the power to enforce justice when healthcare providers choose to violate the safety rules of medicine.

Rash Mueller. is experienced in representing victims and their families in case involving medical malpractice. If you or a loved one has been a victim of potential medical malpractice, please contact us and we will be happy to investigate and help you in your time of need.

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