Florida Supreme Court Rejects Agreement to Limit Medical Malpractice Damages
Last week, the Florida Supreme Court ruled that a hospital’s agreement with patients to limit medical malpractice damages by 75% of what the law allows and to require arbitration was not enforceable. Presently before the Florida Supreme Court is the McCall v. United States case, in which the appellants also challenge as unconstitutional Florida’s medical malpractice caps against practitioners of $500,000 (and $1,000,000 for wrongful death) under section 766.118, Florida Statutes.