Medical malpractice victims in Florida may now keep the total jury award

Medical malpractice claims a large number of victims in the United States each year. In fact, the number of medical malpractice suits filed is increasing. On average, the number of suits filed each year is about 85,000. The number of medical negligence or medical malpractice injuries is estimated to be roughly one million per year.

At one time Florida, and many other states, had a cap or limit on the amount of damages a plaintiff could receive for medical malpractice. The cap was put in place to, among other reasons, discourage fraudulent medical malpractice cases by limiting how much each plaintiff could win. In June 2017, the Florida Supreme Court ruled in North Broward Hosp. Dist. v. Kalitan that medical malpractice damage caps are unconstitutional. The state Supreme Court ultimately stated that damage caps “reduce awards for plaintiffs who sustain the most drastic injuries.”

In North Broward Hosp. Dist. v. Kalitan, a Florida resident went to the hospital for a carpal tunnel procedure. During the operation, an endotracheal tube punctured the patient’s gullet, an injury that remained undiscovered while the patient was given pain medications for severe back and chest pains.

The patient was discharged but passed out at home and was rushed back to the emergency room. The victim filed a medical malpractice lawsuit asking the court for compensation for their cataclysmic injury. The trial jury handed down a $4 million verdict. However, the plaintiff received only $700,000 thanks to the damage cap.

Florida Supreme Court’s decision in North Broward Hosp. Dist. v. Kalitan set a precedent for future medical negligence claims in Florida and potentially nation-wide. Medical malpractice plaintiffs in Florida can now recover fair compensation for every injury sustained as a result of medical negligence without fear of a cap reducing an award.

If you feel that you have been the victim of medical malpractice, reach out and contact Joyce & Reyes, who have over 30 years of experience in handling medical malpractice cases. Have your case professionally assessed by competent and knowledgeable medical malpractice attorneys, find out your legal rights and how to move forward with filing a claim. Every Tampa medical malpractice case is accepted on a contingency basis. That means you are not responsible for attorney fees and costs unless the case is successful.