PBCBA BAR BULLETINS PBCBA_october2017.finalB - Page 19

PERSONAL INJURY C o r n e r FINAL WORD ON MEDICAL MALPRACTICE CAPS TED BABBITT I n North Broward Hosp. Dist. v. Kalitan, 219 So. 3d 49 (Fla. 2017) the Court affirmed the decision of the Fourth District Court of Appeals in North Broward Hosp. Dist. v. Kalitan, 174 So. 3d 403 (Fla. 4th DCA 2015) which held Fla. Stat. 766.118 unconstitutional. The Fourth District relied upon the Supreme Court opinion in the Estate of McCall v. United States, 134 So. 3d 894 (Fla. 2014) in which the Florida Supreme Court held the cap on noneconomic damages in a wrongful death suit provided in § 766.118 violated the Equal Protection Clause of the Florida Constitution, Article 1, Sec. 2. The case involved a botched anesthesia where one of the anesthesia tubes perforated plaintiff’s esophagus and went undetected despite severe pain. After a drug induced coma for several weeks, plaintiff was left with serious permanent sequelae. The jury returned a verdict for $5,000,000.00 including $2,000,000.00 for past pain and suffering and $2,000,000.00 for future pain and s