The Estate of Michelle Everett McCall vs. the United States of America, Case Number SC11 – 1148, March 13, 2014. The question before the court was “Does the statutory cap on wrongful death noneconomic damages, Fla, Stat. section 766.118, violate the right to equal protection under Article 1, Section 2, of the Florida Constitution?” The Supreme Court ruled and answered the question in the affirmative, holding that the cap on wrongful death noneconomic damages violates the equal protection clause of the Florida Constitution.
Until this ruling, when a loved one died from medical negligence, the recovery for pain and suffering by the statutory survivors was capped.
As of today, in Florida, that is no longer the case. Unfortunately at this time, there remain caps on medical malpractice cases that do not involve wrongful death claims.