Today, a Florida appellate court ruled that the caps on non-economic damages in Florida medical malpractice cases are unconstitutional. The case is North Broward Hospital District et al. v. Kalitan. Last year, the Florida Supreme Court ruled that caps in Florida medical malpractice cases were unconstitutional but limited its ruling to medical malpractice cases resulting in wrongful death. Given today’s opinion by the Florida Fourth District Court of Appeal, there is no longer a cap on non-economic damages in any Florida medical malpractice case.
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