Caps on noneconomic damages in medical malpractice case for personal injury deemed unconstitutional in accordance with the same rationale applied by the Florida Supreme Court in Estate of McCall v. United States.

In 2014, the Florida Supreme Court held in Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014), that caps on noneconomic damages in medical malpractice actions violate the equal protection clause and are unconstitutional. However, that decision was limited to wrongful death cases. In the instant case, the Fourth District Court of Appeal held that caps on noneconomic damage awards in personal injury medical malpractice claims are similarly unconstitutional. The plaintiff sought damages as a result of a catastrophic injury—a perforated esophagus from an anesthesia tube—sustained during outpatient wrist surgery. At trial, the jury awarded her $2 million in noneconomic damages, which were limited by the trial court in accordance with the caps provided in § 766.118, Fla. Stat. On appeal, the Fourth District reversed and directed the trial court to reinstate the total damages award, finding no rational basis to apply the caps in personal injury claims and, therefore, declaring them unconstitutional.

The constitutionality of damages caps in personal injury medical malpractice actions is expected to reach the Florida Supreme Court at some time in the near future. Based on the finding in Estate of McCall, it is to be expected that the Florida Supreme Court will reach the same decision as the Fourth District did in this case.

_{Case Law Alerts, 4^th Quarter, October 2015}

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