In Florida, caps on non-economic damages in medical malpractice cases have been ruled unconstitutional in several key decisions. The Florida Supreme Court found such caps to be a violation of the Equal Protection Clause of the Florida Constitution.
The case that significantly shaped this area of law was Estate of McCall v. United States, decided in 2014. In this decision, the Florida Supreme Court ruled that caps on non-economic damages in medical malpractice wrongful death cases were unconstitutional because they imposed unfair and illogical burdens on injured parties. The court argued that the caps reduced awards for claimants who suffered the most drastic injuries without necessarily correlating to the degree of negligence by the healthcare provider.
Further reinforcing this position, in 2017, in the case of North Broward Hospital District v. Kalitan, the Florida Supreme Court extended its rationale to apply to non-fatal medical malpractice cases as well. The court held that the statutory caps on non-economic damages similarly violated the Equal Protection Clause because they arbitrarily reduced compensation for victims of medical negligence who sustained the most significant injuries.
These decisions indicate that, at least in Florida, legislative caps on non-economic damages in medical malpractice cases are viewed as unconstitutional due to their arbitrary nature and potential for inequitable outcomes.
The constitutionality of caps on non-economic damages specifically for Medicaid recipients in medical malpractice cases in Florida would likely be evaluated under the same legal principles that govern all such caps in the state. Given the precedent set by the Florida Supreme Court in cases such as Estate of McCall v. United States and North Broward Hospital District v. Kalitan, it is probable that any caps specifically targeting Medicaid recipients would also be viewed as unconstitutional.
These decisions by the Florida Supreme Court emphasized that caps on non-economic damages violate the Equal Protection Clause of the Florida Constitution because they arbitrarily limit damages for those who suffer the most severe injuries. Applying this reasoning, a cap that specifically targets Medicaid recipients could be seen as even more discriminatory and thus even less likely to withstand constitutional scrutiny. It would potentially create a dual standard of justice based on an individual's health insurance status, which could be viewed as even more arbitrarily punitive.
Thus, while there isn't a specific ruling on caps exclusively affecting Medicaid recipients, the overarching legal principles established by the Florida Supreme Court suggest such caps would be deemed unconstitutional.
You can reach Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
