North Broward Hospital District v. Susan Kalitan: A Drastic Shift in Personal Injury Medical Malpractice Noneconomic Damage Awards
Jul 24, 2017
Fort Lauderdale, FL
NORTH BROWARD HOSPITAL DISTRICT V. SUSAN KALITAN : A DRASTIC SHIFT IN PERSONAL
INJURY MEDICAL MALPRACTICE NONECONOMIC DAMAGE AWARDS
By: Florida Health Law Center
Florida physicians could now potentially face higher damage awards against them in medical malpractice cases following a recent Florida Supreme Court decision. On June 8, 2017, the Florida Supreme Court determined that statutory caps on noneconomic damage awards in personal injury medical malpractice actions are unconstitutional. Relying on a Fourth District decision, the Court found that the caps violated the Equal Protection Clause of the Florida Constitution.
The Florida Supreme Court found the caps violated the Equal Protection Clause because the statutory caps created distinct classes of medical malpractice victims and limited the potential recovery of those patients most gravely injured by medical negligence. The Court also evaluated the State’s objective behind creating the statutory caps, concluding that the arbitrary caps on personal injury noneconomic damages no longer bore a rational connection to the State’s interest in curtailing the medical malpractice crisis in Florida because the crisis no longer existed.
For assistance with constructing or reviewing your corporate compliance program, please contact
Lee Lasris, Jodi Laurence, or any other member of Greenspoon Marder’s Florida Health Law Center. They may be reached at (954) 491-1120.
About Greenspoon Marder
Greenspoon Marder is a national full-service business law firm with over 200 attorneys and offices across the United States. We are ranked among
American Lawyer’s Am Law 200, as one of the top law firms in the U.S. since 2015. Our firm was founded with the goal of providing the highest quality legal services at the highest value for our clients. Each of our clients is unique and so are their legal needs. We believe no one size fits all for professional services. Our lawyers offer flexible and creative solutions to meet our clients’ respective needs. Our mission is to understand the challenges our clients face, build collaborative relationships and craft solutions with a focus on strategic goals.
Natalie Villanueva, Director of Marketing
954.333.4308 | firstname.lastname@example.org
This Greenspoon Marder LLP Client Alert is issued for informational purposes only and is not intended to be construed or used as general legal advice nor a solicitation of any type. Please contact the author(s) or your Greenspoon Marder LLP contact if you have any questions regarding the currency of this information. The hiring of a lawyer is an important decision. Before you decide, ask for written information about the lawyer’s legal qualifications and experience.