The Florida Supreme Court is deciding whether caps on so-called “non-economic” damages in medical malpractice lawsuits are constitutional.
The Legislature strictly limited them in 2003, citing skyrocketing liability insurance rates. But Philip Burlington argues his client was severely injured in a botched operation and deserves a jury’s 4 million dollar award for pain and suffering.
“This woman has suffered significant problems. She has seizures, she has mental limitations on her focus and concentration. She has memory problems.”
Dental assistant Susan Kalitan suffered a perforated esophagus during routine carpal tunnel surgery in 2007 and sued the North Broward Hospital District and others. A trial court reduced the award citing the 2003 law, but the Fourth District Court of Appeal sided with Kalitan.
