In Raphael a patient fought the retroactive application of the statutory cap on noneconomic damages to his medical malpractice claim arising from an incident that occurred before the cap’s effective date. The Florida Justice Reform Institute filed an amicus curiae brief in support of retroactive application of the statutory cap. The Fourth District Court of Appeal held that the statutory cap on noneconomic damages in medical malpractice cases did not apply retroactively to the patient’s action because the action had “accrued” prior to the effective date of the statute.
FJRI represented by William W. Large.