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Are medical malpractice awards subject to a cap on damages? | Law Office of Jay Calvert Cooper, P.A. | Florida Board Certified Civil Trial Specialist. Over 29 years of jury trial experience. | http://www.jaycooperlaw.com/ | Toll Free: (855) 346-5897 | 2036 McGregor Blvd., Ft. Myers, Florida 33901


Medical malpractice awards in Florida were capped in terms of the damages that could be obtained in 2003. Here we are in 2016, and the Florida Supreme Court has held that the caps on wrongful death for medical malpractice events or accidents is unconstitutional. Therefore, there is no cap on wrongful death damages that arise under a medical malpractice situation. Similarly, some of the appeals courts, following the lead of the Florida Supreme Court have recently issued opinions that say there are no caps that apply to medical malpractice actions whether the person died or whether the person is still a living patient.

In short, caps on medical malpractice were a hot political item, they were passed by our legislature in Florida, and now after approximately thirteen years, they are being systematically dismantled by the appeals courts. In fact, the Florida Supreme Court has stated that the reasons that the caps were put into place to begin with in 2003 don't really exist.