Fla. Supreme Court Rules Medical Malpractice Caps Unconstitutional

Ruling Comes Years After Schlesinger Law Offices Tries Groundbreaking Case

TALLAHASSEE, Fla. and FORT LAUDERDALE, Fla., June 9, 2017 /PRNewswire/ — On June 8, the Florida Supreme Court ruled that caps previously placed on medical malpractice damages in personal injury cases are unconstitutional. The cap was originally put into place in 2003 by then-Governor Jeb Bush as a way of controlling alleged skyrocketing malpractice insurance rates.

The case was set into motion when Susan Kalitan hired leading personal injury attorneys at Schlesinger Law Offices in Fort Lauderdale to sue multiple health care providers involved in her care after her esophagus was perforated during outpatient surgery for carpal tunnel syndrome.

Knowing there was a maximum damages amount allowable by law, the attorneys pushed forward and tried the case nonetheless, ultimately receiving a verdict in excess of the amount allowable by law. The jury awarded $4 million in non-economic damages.  The amount was reduced by about $2 million because of the caps created in the 2003 law. Schlesinger vigorously appealed and, in 2015, the 4th District Court of Appeal ruled that the damage caps were unconstitutional, pointing to the Florida Supreme Court’s 2014 decision in a similar setting involving a wrongful-death case.

After two more years, and more than eight years after the original Kalitan verdict, the 4-3 ruling by the Florida Supreme Court puts an end to the controversy.  The majority opinion noted that “…Caps on noneconomic damages arbitrarily reduce damage awards for plaintiffs who suffer the most drastic injuries.”

“There is often a long road to justice but justice has been restored by this ruling,” said Scott Schlesinger, attorney with Schlesinger Law Offices. We are proud to have seen this matter through to a resolution that not only benefits our client but all deserving victims of bad medical care.”

While the law requiring caps differed per individual case, the recent ruling paves the way for any injured plaintiffs to be awarded the appropriate amount money for their agony.


Based in Fort Lauderdale, Florida, Schlesinger Law Offices is a personal injury law firm focused on holding big corporations and major manufacturers accountable for the harm they cause and the damage suffered by the general public through acts of negligence and misconduct. The firm is currently working on cases involving Big Tobacco, Accutane medication, defective medical devices, and defective drug products. For more information, log on to


SOURCE Schlesinger Law Offices, P.A.

CONTACT: Jonathan Gdanski Esq., Schlesinger Law Offices, P.A.,1212 Southeast 3rd Ave, Fort Lauderdale, FL, 33316, Ph 954-320-9507, Fax 954-320-9509



Joshua, a native Phoenician, lives in the west Valley with his wife and two sons. He has a BA in Management and 24 years of experience in Information Technology. He’s passionate in his career of combining healthcare and IT to help doctors provide the best possible healthcare to their patients. Joshua also has multiple publications for IT education, which are used in universities around the world. He is a true Arizona liberal, supporting both human rights, equality for all.


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