NFIB: Florida Supreme Court Rejects Cap on Noneconomic Damages in Medical Malpractice Lawsuits

Date: March 13, 2014
For Immediate Release
Contact: Bill Herrle 850-681-0416 or

NFIB: Florida Supreme Court Rejects Cap on Noneconomic Damages in Medical Malpractice Lawsuits
Washington, D.C., March 13, 2014 – Today the National Federation of Independent Business reacted to the Florida Supreme Court’s decision in McCall v. United States.   In 2011, the National Federation of Independent Business Small Business Legal Center filed an amicus brief in the case arguing that the Florida law that capped noneconomic damages in medical malpractice lawsuits did not violate the Florida constitution. This afternoon the Court held that the cap on wrongful death noneconomic damages violates the Equal Protection Clause of the Florida Constitution.
“We are very disappointed in the Supreme Court’s decision,” said Bill Herrle, NFIB Florida State Director. “Florida’s tort reform law was a rational response to the crisis in medical malpractice insurance and it helped serve the interests of both Floridians and Florida’s small businesses.”

The Legal Center’s amicus brief argued that noneconomic damage limits helped control medical costs by providing predictability in the medical liability system, lowering insurance rates, and reducing the cost of defensive medicine.

The NFIB Small Business Legal Center  is a 501(c)(3) organization created to protect the rights of America's small business owners by providing advisory material on legal issues and by ensuring that the voice of small business is heard in the nation's courts.

Commemorating its 70th anniversary, the National Federation of Independent Business is the nation’s leading small-business association, with offices in Washington, D.C., and all 50 state capitals. Founded in 1943 as a nonprofit, nonpartisan organization, NFIB gives small- and independent-business owners a voice in shaping the public policy issues that affect their business. NFIB’s powerful network of grassroots activists sends its views directly to state and federal lawmakers through our unique member-only ballot, thus playing a critical role in supporting America’s free enterprise system. NFIB’s mission is to promote and protect the right of our members to own, operate and grow their businesses. More information about NFIB is available at

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