Can the jury get around the damages cap in a medical malpractice case?
What is the situation with jury caps? Caps on damages and medical malpractice cases. The first thing I know is, a jury never knows about any kind of caps. When I’m told about caps, they’re just told to do their job and award damages. If caps are in place, the judge takes care of that.
In Florida, there’s been a change in the law recently. There had been caps in place by the legislature, but those have been challenged in the courts. The Florida Supreme Court has thrown out the caps, at least in a medical malpractice death case.
That at least one appeal accord has ruled that the caps do not apply in an injury medical malpractice case. That case is on appeal. Now it’s in the Supreme Court. We’ll see what happens.