Florida Medical Malpractice Caps on Damages Held Unconstitutional

Today, a Florida appellate Court ruled that the caps on non-economic damages in Florida medical malpractice cases are unconstitutional. The case is North Broward Hospital District et al. v. Kalitan. Last year, the Florida Supreme Court ruled that caps in Florida medical malpractice cases were unconstitutional but limited its ruling to medical malpractices cases resulting in a wrongful death. Given today’s opinion by the Florida Fourth District Court of Appeal, there is no longer a cap on non-economic damages in any Florida medical malpractice case.

Originally, caps on non-economic damages were statutorily imposed by Fla. Stat. §766.118. The court in Kalitan ruled that all caps under Fla. Stat. §766.118 were unconstitutional under the equal protection clause of the Florida Constitution. Art. I, § 2, Fla. Const. In ruling, the court stated, simply:

. . . the caps on noneconomic damages in section 766.118 fully compensate those individuals with noneconomic damages in an amount that falls below the caps, injured parties with noneconomic damages in excess of the caps are not fully compensated.

All victims of medical malpractice in Florida now stand to recover the full amount of both their economic damages (i.e. lost wages, the cost of medical care, etc.), as well as the full amount of their non-economic damages (i.e. loss of enjoyment of life, pain, suffering, mental anguish, etc.). This is a huge victory for victims of medical malpractice in Florida.

Read the full opinion in North Broward Hospital District et al. v. Katilan here: http://www.4dca.org/opinions/July%202015/07-01-15/4D11-4806.op.pdf

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The 4 Steps To Take After A Car Accident

Hiring a lawyer may not be your top priority in the aftermath of suffering an injury, especially a severe or catastrophic injury. However, waiting to contact an attorney may comprise your legal rights, impair your ability to pursue a claim, or result in the loss of important evidence. Unexpected injuries can turn your life upside down. We know. That is why we do everything we can to stand by you from the outset, answer your immediately questions, and help you get on the road to recovery. While you begin the process of putting your life back on track after an injury, you should also contact an attorney to preserve your ability to pursue a legal claim. There are also a few simple steps you can take after an injury to help ensure your legal rights are protected. To learn more about what you should do after an injury, visit Viñas & DeLuca’s First Steps After an Injury section. Here you can find articles about how to obtain and use a police report, what to expect during your first meeting with an attorney, and what type of evidence to collect depending on your injury.

01. Report

We notify all insurance companies and potential defendants that we represent you. From there, we handle everything. You will not need to speak with anyone but your lawyers. All communications go through us – your advocates.


We help you get the medical care you need when you need it. Our lawyers and staff help you make appointments, obtain medical advice, and recover from your injuries, both physically and financially. We are at your side each step of the way.

03. Review

Our lawyers and medical experts review your medical records to determine the most effective way to present your injury claim. This may require forensic expert reports, professional medical illustrations, or 3D animations of your accident or injury. We spare no expense when it comes to effectively telling your story.


Drawing on decades of combined legal experience, our lawyers aggressively pursue top dollar settlements and verdicts for each of our clients. The vast majority of defendants in our cases choose not to go to trial against our law firm, setting the stage for our clients to receive satisfactory settlements and results.

Francisco Viñas
Personal Injury Attorney
Jarrett L. DeLuca
Personal Injury Attorney

South Florida Zofran Birth Defects Lawyer

The attorneys at Viñas and DeLuca have over 35 years of combined experience handling personal injury and wrongful death claims throughout Miami and the State of Florida.  Over the years, we have recovered millions of dollars for our clients, representing them in both state and federal court.  Each of our attorneys is AV rated by Martindale-Hubbell, signifying the highest level of professional excellence for legal knowledge, communication skills and ethical standards.  Attorneys at Viñas and DeLuca have also been recognized by Super Lawyers, The National Trial Lawyers Top 100 and Top 40 under 40, Avvo, and others. Some of the results we have achieved for our clients are highlighted below.  While the results of any case can vary depending on the facts, our commitment to winning big for our clients never changes.

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