Victims of Medical Malpractice Win! - Michles & Booth

If you have been the victim of medical malpractice, the Fourth District Court of Appeal(4^th DCA) issued an opinion on July 2, 2015, North Broward Hospital District v. Kalitan, (4^th DCA 2015) that restores your rights to make a full claim for economic and noneconomic damages for the injuries you or your family members will continue to suffer.

In 2005, after insurance companies spent millions of dollars lobbying in Tallahassee, the legislature passed a law capping noneconomic damages, also known as pain and suffering damages, in cases involving victims of medical malpractice. Regardless of the severity of the injury: death, comatose, paralysis , amputation, or scarring, the victims and their families’ claims were arbitrarily limited for the sole benefit of insurance companies.

In 2014, the Florida Supreme Court in Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014) ruled that the protection purchased by the insurance companies, at least in medical malpractice wrongful death cases, was unconstitutional.

In the July 2, 2015 opinion, the 4^th DCA extended the Supreme Court’s logic in McCall to apply to all medical malpractice victims. The court ruled there is no rational basis to limit the damages for any victims of medical malpractice. The 4^th DCA further ruled that the McCall decision applied retrospectively to all medical malpractice cases pending in the Florida courts, as well as prospectively to all future medical malpractice cases.

The legislature claimed the caps were necessary to prevent doctors from leaving the state and refusing to perform high risk procedures. In ruling in favor of victims of medical malpractice, the Florida Supreme Court found that the legislature’s explanation for the protection was unsupported by the facts. After years of investigation, research, hearings, and briefings, the Florida Supreme Court found that the MYTH created by the insurance companies that there is a medical malpractice crisis in Florida is FALSE. Doctors are not leaving the state; doctors are not refusing to do high risk procedures; insurance premiums are not out of control due to litigation. The INSURANCE COMPANIES LIED TO US ONCE AGAIN.

The medical malpractice team at Michles & Booth has been fighting for victims of medical negligence for over 30 years. Please call us for a free consultation to discuss your rights.