11th Circuit Reviews Florida Medical Malpractice Cap
The United States Court of Appeals for the 11th Circuit has determined that Florida’s cap on noneconomic medical malpractice damages (Section 766.118, Florida Statutes) passes constitutional muster under the Equal Protection Clause and Takings Clause of the U.S. Constitution as well as the Takings Clause of the Florida Constitution. However, the 11th Circuit has certified several other questions to the Florida Supreme Court for further consideration under state law.
The 11th Circuit in Estate of Michelle Evette McCall vs. United States of America addressed whether Florida’s cap on noneconomic damages violates the United States or Florida Constitution. The court analyzed the plaintiffs’ Equal Protection argument under a rational basis standard because the statutory caps do not raise questions of suspect classifications under federal law. Under this standard, the court found that the statutory cap does not present Equal Protection concerns. Likewise, the court found that the legislation did not deprive the plaintiffs of vested property rights and therefore did not give rise to Takings Clause concerns. The court found sufficient state law authority to reach its conclusion on the takings issue. However, the court certified other significant questions to the Florida Supreme Court. These questions are:
Does Florida’s statutory cap on noneconomic damages violate the Equal Protection Clause under Article I, Section 2 of the Florida Constitution?
Does Florida’s statutory cap on noneconomic damages deny access to courts under Article I, Section 21 of the Florida Constitution?
Does Florida’s statutory cap on noneconomic damages deprive plaintiffs of their right to trial by jury under Article I, Section 22 of the Florida Constitution?
Does Florida’s statutory cap on noneconomic damages violate the separation of powers guaranteed by Article II, Section 3 and Article V, Section 1.