Kimberly Ann Miles v. Daniel Weingrad, M.D.

I join the Court’s opinion, which correctly concludes that a plaintiff has a vested right to file a medical malpractice cause of action that accrues when the malpractice incident occurs, and, therefore, that retroactive application of the non-economic damages cap to a cause of action that accrued prior to the effective date of the cap is impermissible. I write separately to elaborate as to why the majority properly exercises jurisdiction to decide this issue- and to respond to the dissent’s contrary position.

Under article V, section 3(b)(3), of the Florida Constitution, this Court is vested…