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RAPHAEL v. SHECTER

No. 4D08-432.

18 So.3d 1152 (2009)

Nadine RAPHAEL, as Personal Representative of the Estate of Harvey Raphael, Appellant, v. James SHECTER, and Emergency Physician Enterprises, Inc., Appellees.

District Court of Appeal of Florida, Fourth District.

Rehearing Denied November 4, 2009.

Attorney(s) appearing for the Case

Scott L. Henratty and Stephen L. Malove of Stephen L. Malove & Associates, P.A., Fort Lauderdale, and Adam Lawrence of Lawrence & Daniels, Miami, for appellant.

Robert E. Biasotti and Annette Marie Lang of Carlton Fields, P.A., St. Petersburg, for appellees.

Joel S. Perwin of Joel S. Perwin, P.A., Miami, for Amicus Curiae Florida Justice Association.

William W. Large of Florida Justice Reform Institute, Tallahassee, for Amicus Curiae Florida Justice Reform Institute.

George N. Meros, Jr. and Andy V. Bardos of GrayRobinson, P.A., Tallahassee, for Amicus Curiae Florida College of Emergency Physicians and Florida Hospital Association.

Mark Hicks and Brett C. Powell of Hicks, Porter, Ebenfeld & Stein, P.A., Miami, for Amicus Curiae Florida Medical Association.

LEVINE, J.

This appeal presents the question of whether a statute that limits the non-economic damages of a plaintiff can be applied retroactively. We find in this particular case, the new statute cannot be utilized to retroactively limit non-economic damages, and therefore we reverse.

In April, 2003, Harvey Raphael suffered a heart attack and was treated in an emergency room. Dr. James Shecter treated Raphael and did not administer anti-clotting drugs at...

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