North Broward Hospital District, etc. v. Susan Kalitan

This case is before the Court on appeal from a decision of the Fourth District Court of Appeal, North Broward Hospital District v. Kalitan, 174 So.3d 403 (Fla. 4th DCA 2015), which held section 766.118, Florida Statutes (2011), to be invalid. We have jurisdiction. See art. V, § 3(b)(1), Fla. Const. For the following reasons, we affirm the Fourth District’s decision and hold that the caps on personal'injury non-economic damages in medical negligence actions provided in section 766.118 violate the Equal Protection Clause of the Florida Constitution.1

FACTS AND PROCEDURAL HISTORY

•This case arose…