Medical Malpractice Caps Deemed Unconstitutional

Recently, the Florida Supreme Court ruled against the malpractice caps, which had limited the amount of compensation injured patients were able to receive after suffering medical mistakes. The old rule, set in place in 2003 by Governor Jeb Bush, was ruled by the court as arbitrary and unjustified. The court decided the cap was unfair to those who suffer most from malpractice cases, robbing them of compensation rightfully owed for severe injuries.

The previous law had implemented a set limit on compensation for pain and suffering against doctors in malpractice cases. The cap for pain and suffering, also called non-economic damages, was set at $500,000, or $1 million for catastrophic injuries. Now, the cap will be completely removed, allowing future medical malpractice cases a fair chance for due compensation.

The case in question concerned Susan Kalitan, a woman who ended up in a coma after a mistake during her wrist surgery. Kalitan was receiving surgery for carpal tunnel syndrome at Broward County Hospital when the anesthesia tube punctured her esophagus. After surgery, she complained of back and chest pain, but was only sent home with pain medication. The following day, Kalitan’s neighbor found her unconscious in her home.

Kalitan received life-saving surgery after being rushed to the hospital, and was in a coma for several weeks. She received additional surgeries and intensive therapy to restore normal abilities. However, she still suffers mentally and physically, and is unable to raise her arms without pain. These damages, and others, bring pain and inconvenience to her daily life.

The jury had initially awarded Kalitan a total of $4 million for pain and suffering she had endured and would continue to experience, but the cap would have reduced the totally by $3.3 million. Her injuries were deemed catastrophic by the lower court, which would have qualified her to reach a maximum of $1 million in compensation, according to the medical malpractice cap. By removing the cap, not only will Susan Kalitan receive the reparation she deserves, it can also make fighting for due compensation much easier for future victims.

For more information about this case, visit usnews.com.

If you or someone you love was injured in a medical malpractice case, our firm can help. At The Ferraro Law Firm, P.A., our attorneys specialize in mesothelioma cases, but we handle other cases as well. Our firm can help with environmental toxic torts, dangerous or defective drugs, asbestos cases, as well as Physiomesh lawsuits. We have more than 30 years of legal experience in the Florida area, and our attorneys handle some of the most complex, serious medical malpractice and injury cases, including wrongful death.

For help with your medical malpractice case, contact The Ferraro Law Firm, P.A. for a free consultation.