N. Broward Hosp. Dist. v. Kalitan
Citation | 219 So.3d 49 |
Decision Date | 08 June 2017 |
Docket Number | No. SC15–1858,SC15–1858 |
Parties | NORTH BROWARD HOSPITAL DISTRICT, etc., et al., Appellants, v. Susan KALITAN, Appellee. |
Court | United States State Supreme Court of Florida |
Mark Hicks and Dinah Stein of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, Florida, for Appellants North Broward Hospital District d/b/a Broward General Medical Center, Rob Alexander, M.D., Edward Punzalan, CRNA and ANESCO North Broward, LLC
Thomas A. Valdez and Jeffrey R. Creasman of Quintairos, Prieto, Wood & Boyer, P.A., Tampa, Florida, for Appellants Barry University, Inc., and Eleidy Miedes, SRNA
Crane A. Johnstone and Scott P. Schlesinger of Schlesinger Law Offices, P.A., Fort Lauderdale, Florida; and Philip M. Burlington and Nichole J. Segal of Burlington & Rockenbach, P.A., West Palm Beach, Florida, for Appellee
Pamela Jo Bondi, Attorney General, and Osvaldo Vazquez, Deputy Solicitor General, Tallahassee, Florida, for Amicus Curiae State of Florida
Mark K. Delegal and Tiffany A. Roddenberry of Holland & Knight LLP, Tallahassee, Florida; and William W. Large of Florida Justice Reform Institute, Tallahassee, Florida, for Amici Curiae Florida Justice Reform Institute and Florida Hospital Association, Inc.
Tracy Raffles Gunn of Gunn Appellate Practice, P.A., Tampa, Florida, for Amicus Curiae Florida Justice Association
This case is before the Court on appeal from a decision of the Fourth District Court of Appeal, North Broward Hospital District v. Kalitan , 174 So.3d 403 (Fla. 4th DCA 2015), which held section 766.118, Florida Statutes (2011), to be invalid. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the following reasons, we affirm the Fourth District's decision and hold that the caps on personal injury noneconomic damages in medical negligence actions provided in section 766.118 violate the Equal Protection Clause of the Florida Constitution.1
This case arose after complications from carpal tunnel surgery left appellee Susan Kalitan severely injured. After trial, Kalitan's noneconomic damages were capped by sections 766.118(2) and (3). Section 766.118(2) provides that in a cause of action for personal injury arising from the medical negligence of practitioners, the noneconomic damages award shall not exceed $500,000 per claimant; however, if the negligence resulted in a permanent vegetative state or death, or if the negligence caused a catastrophic injury and a manifest injustice would occur unless increased damages are awarded, then damages may be awarded in an amount up to $1 million. Section 766.118(3) similarly limits damages to $750,000 and $1.5 million, respectively, when the injury results from the negligence of nonpractitioners. The Fourth District held that the statutory caps on noneconomic damage awards in personal injury medical malpractice actions are unconstitutional, relying on this Court's decision in Estate of McCall v. United States , 134 So.3d 894 (Fla. 2014), which held that the cap on wrongful death noneconomic damages provided in section 766.118 violates the Equal Protection Clause of the Florida Constitution. Art. I, § 2, Fla. Const.
The Fourth District presented the following facts of Kalitan's injury and the ensuing medical malpractice lawsuit:
Kalitan , 174 So.3d at 405–07.
In its analysis with regard to Kalitan's constitutional challenge to the caps, the Fourth District observed that a majority of this Court in McCall determined that the cap on wrongful death noneconomic damages under section 766.118 violates the right to equal protection guaranteed by article I, section 2, of the Florida Constitution. The district court described the facts of McCall and highlighted relevant portions of the plurality and concurring in result opinions regarding the arbitrariness of the cap and the lack of a legitimate government interest justifying the cap. Although the Fourth District recognized that the decision in McCall was limited to a determination that the cap on noneconomic damages is unconstitutional in the context of wrongful death actions, it observed that section 766.118 applies to both wrongful death and personal injury actions. Thus, the district court applied this Court's rationale in McCall to the personal injury context, concluding that "McCall mandates a finding that the caps in section 766.118 personal injury cases are similarly unconstitutional." Id. at 405. Therefore, the Fourth District directed the trial court to reinstate the total damages award as found by the jury. This appeal followed.2
The issue before this Court concerns the caps on personal injury noneconomic damages in medical negligence actions provided in section 766.118, which states:
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