Are Wrongful Death Damage Caps Constitutional?

Posted on February 24, 2014 by Shapiro Law Group

Prior to March of this year, Florida had non-economic damage caps on medical malpractice claims resulting in wrongful death. This meant that any award of damages for nonfinancial losses, such as mental anguish, pain and suffering, disfigurement and loss of companionship, were capped at an arbitrary statutory amount.

So what changed in March? The Florida Supreme Court struck down the non-economic damage caps for wrongful death in the case Estate of McCall v. US, 2014 Fla LEXIS 933 (Fla. Mar. 13, 2014). Plaintiff trial attorneys applauded the decision, as the caps take the determination of damage awards out of the hands of juries who examine the facts. Caps on wrongful death damages are extremely unfair to the families of innocent people who died due to medical malpractice.

For example, in the case cited above, McCall was a pregnant woman admitted to a hospital for severe preeclampsia. Preventable medical errors were made by the doctors and hospital, and McCall died after childbirth from cardiac arrest. The jury determined the woman’s parents were entitled to $750,000 each and that her son was entitled to $500,000. However, due to the caps, the amount would have been reduced to $1 million total to be split by the parties.

The Florida Supreme Court held that the wrongful death damage cap was unconstitutional, as it violated the Equal Protection Clause of the Constitution. The Court held that the statute imposed unfair and illogical burdens on innocent family members suffering due to wrongful death.

What Will Happen to Medical Malpractice Personal Injury Claims?

This is a very significant decision for Floridians and an important step in protecting families from medical malpractice. When someone dies due to the negligence of another, the only remedy the law affords is money as compensation. No court order can bring a loved one back after wrongful death. The law allows juries, after close consideration of the facts and evidence, to determine best what is owed to family members after a preventable tragedy.

Unfortunately, damage caps remain on personal injury medical malpractice claims. Richard Shapiro and the Shapiro Law Group would like to see this law changed. If you have been injured due to possible medical malpractice, our attorneys offer a free case review. We will examine your medical records and unique situation to determine what legal options are available.

Shapiro Law Group – Medical Malpractice Attorneys Serving the Tampa Bay Area

What Our Clients Say

“My dad lost his fingers on one hand due to malpractice after a successful surgery that did not involve fingers. For months we were told it was because of debris in his blood. It was not. Mr. Shapiro and his associates were relentless in getting the medical records until the "missing" page was sent. Then they had the hard and arduous job of finding a doctor willing to testify. An informative video and audio with the doctor's testimony was presented. Case closed. Because of their due diligence, a satisfactory settlement was reached. Mr. Shapiro's law firm worked hard, were extremely thorough, professional, and kept in constant communication throughout the whole stressful ordeal. Mr. Shapiro still remembers my parents and keeps in touch with my mom, even after 15 years have passed. That alone is impressive.”

Patti A.

“The Shapiro Law Group represented our daughter, family, and reputation in winning our daughters case that was due to a catastrophic injury. We interviewed many lawyers and felt Mr. Shapiro would ultimately do what was best for our family. Being involved in a lawsuit is very difficult, emotional, and exhausting. If it weren’t for the Shapiro Law Group fighting for our daughter and family, I don’t know where we would be now. They are very thorough, knowledgeable, and know what needs to be done. Lawsuits can take a very long time, and we knew that Shapiro Law Group would not give up. They did whatever was necessary to help our daughter. We can’t thank Mr. Shapiro enough for all he has done for so many! During a very difficult situation in our lives, the Shapiro Law Group went above and beyond in guiding our family in helping our daughter. We would highly recommend this firm. Thank you,”

Stephanie P.

“Attorney Richard Shapiro was able to provide me with very knowledgeable and competent legal expertise to resolve my case.”

D. Harrison