Daytona Beach Personal Injury Lawyers
Free Consultations 386.258.1622

Florida Fourth DCA vacates medical negligence arbitration award that included damages for loss of companionship and guidance as economic damages not subject to cap on non-economic damages

On April 4, 2018, in Plantation General Hospital Limited Partnership v. Division of Administrative Hearings, et al, No. 4D16-2652, the Florida Fourth DCA reversed an arbitration award of economic damages to the husband and child of a deceased patient for their loss of companionship and guidance. The Court concluded that such damages are non-economic damages subject to the cap of $250,000 per claimant per incident in arbitration proceedings. Since the arbitration award also included an award of the full $250,000 per claimant for non-economic damages (not including the claims for loss of companionship and guidance), the Court’s ruling resulted in a remand in which the arbitrators would be required to deduct the amount awarded for the loss of companionship and guidance from the total award.