Fla. Justices Rule $1M Wrongful Death Med Mal Cap Unlawful

Law360, Miami (March 13, 2014, 7:27 PM EDT) -- The Florida Supreme Court on Thursday found the state's $1 million statutory cap on wrongful death noneconomic damages from medical malpractice violates the equal protection clause of the Florida constitution, saying it imposes “unfair and illogical burdens” on injured parties in certain cases.

The 6-1 ruling came in response to a question certified from the federal Eleventh Circuit Court of Appeals in a case brought by the family of Michelle McCall, who was in the U.S. Air Force and receiving care from Air Force family medical...
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