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Senate Bill 248: The Potential Resurrection of Medical Malpractice Damage Caps
Christopher L. Hill • February 12, 2024
The 2024 Legislature is currently in Regular Session, which began January 9, 2024, and is scheduled to end on March 8, 2024. The first day of session, Senate Bill 248 was introduced by bill sponsor, Senate Judiciary Chairman Clay Yarborough, which includes medical malpractice damages caps. The Senate Judiciary Committee voted to support the bill (8-2), with supporters arguing that caps are needed to combat rising medical malpractice insurance rates and help persuade doctors to practice in Florida. Opponents argue that the caps would shortchange people who were injured or died because of the negligence of healthcare providers.
Under the proposed caps, a plaintiff in a medical malpractice matter could receive a maximum of $500,000.00 in “non-economic damages” from doctors or practitioners, regardless of the number of practitioners that are liable. The cap would be $750,000.00 in lawsuits against hospitals or other “nonpractitioners.” Further, lower caps would apply in lawsuits where emergency care was provided, or if the care and treatment involved a Medicaid patient. The caps in SB 248 would not be applied to “economic” damages.
This is not the first time that the Florida Legislature has attempted to place caps on non-economic damages. In 2003, the Legislature held special sessions before passing several caps on non-economic damages. These caps, however, were struck down by the Florida Supreme Court in 2014 and 2017 rulings, which found the caps to be unconstitutional.
According to Chairman Yarborough, the caps in SB 248 were designed with the Supreme Court’s concerns, including equal-protection concerns, that resulted in the 2003 version of caps being declared unconstitutional. It remains to be seen whether SB 248 will pass, but, even if it does, it is likely that the constitutionality of these newly proposed caps on “non-economic damages” will again face judicial review and scrutiny, much like the 2003 caps.
Recently, Pennington Shareholders, Cody Short and Ben Andrews , and Associate, Geoffrey Place , filed an Answer Brief at the Florida First District Court of Appeal in a recent case involving alleged negligence in relation to the enrollment of a student in virtual learning. In the case at issue, each of the student's parents had shared parental responsibility and joint authority over the student's educational decision making. After the student was enrolled in virtual learning at the request of one parent, the other parent disputed the decision, but the student was ultimately enrolled in virtual learning. At the lower court, the Pennington team successfully argued that the school possessed no duty to the opposing parent which would allow for such a claim of negligence, and that sovereign immunity barred suit in the matter. The lower court granted the Pennington Team's Motion to Dismiss. After an appeal was filed at the First District Court of Appeal, Pennington's Appellate Team, again, successfully argued that the school owed no duty to Appellant which would give rise to a claim of negligence, and that suit was barred by sovereign immunity. After briefs were filed, the First District Court of Appeal issued a Per Curiam Affirmance of the lower court's order granting the Pennington Team's Motion to Dismiss in favor of the defendants. The Pennington Team is proud to have obtained another favorable decision for one of its clients.
Pennington shareholder Cody Short and partner Chad Dunn , alongside Dr. Ray Morse, presented a “Legal Care Guide on Litigation & Licensure Investigation" at the 2025 Northwest District Dental Association (“NWDDA”) Annual Meeting on February 28th at the Hilton Sandestin Beach Golf Resort & Spa. The NWDDA, a regional affiliate of the Florida Dental Association, plays a key role in supporting dental professionals through education, advocacy, and networking opportunities. Cody and Chad’s session provided attendees with a practical understanding of how FDA Peer Review, malpractice lawsuits, and Department of Health investigations intersect. The presentation walked through the litigation and investigation processes, highlighting common pitfalls and proactive risk mitigation strategies that dentists can apply in their daily practice. A sincere thank you to the NWDDA for organizing an outstanding event that continues to serve as a valuable forum for professional growth and collaboration among Florida’s dental community.
Pennington PA is proud to be a supporter of the 2025 Chiles High School Dance Marathon team, which supports Children’s Miracle Network Hospitals. Children's Miracle Network Hospitals raises funds and awareness for 170 member hospitals that support the health of 10 million kids each year across the U.S. and Canada. Donations stay local to fund critical treatments and healthcare services, pediatric medical equipment, and charitable care. The Chiles Team raised over $80,000.00. Way to go, Chiles!
Pennington partner Chad Dunn and associate John Yunger recently presented “Mo’ Money, Mo’ Problems – When NIL Meets the Rulemaking Process,” with Judge Jason Jones’s team at the Stafford Inn of Courts. The team examined how agencies craft and implement new administrative rules from inception to workshop to public rule hearing. The presentation also covered how parties can contest agency rules, the rule challenge process, and litigation at the Division of Administrative Hearings. The team used name, image, and likeness (“NIL”) for Florida athletes as the vehicle to make the presentation entertaining. Chad and John are honored to be members of the William H. Stafford American Inn of Court. The Inn is an organization dedicated to fostering excellence, civility, and ethical practice within the legal community. The Inn provides a forum for collegial dialogue, mentorship, and continuous learning for its members by its members.
Shareholder Brian Chojnowski obtained a per curiam affirmance of a dismissal with prejudice from the First District in a professional malpractice case. Brian’s client, a well-respected local law firm, was sued on frivolous claims related to the settlement of a wrongful death lawsuit. Brian obtained dismissal with prejudice from the trial court on grounds of lack of standing and failure to state a cause of action, then successfully defended the dismissal on appeal.
Shareholder Michael J. Thomas recently presented a lecture to the Nurse Residency Program at Tallahassee Memorial Hospital (“TMH”) concerning the litigation process. The audience was a group of over 70 nursing residency program members. TMH’s Nurse Residency Program is the only accredited nurse residency program in the region. The participants, all new nurse graduates that were part of the year-long mandatory Nurse Residency Program at TMH, were active and engaged during the lecture, asking numerous questions. Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States.
Associate Logan Eagen recently graduated from the Tampa Connection’s Class of 2023-2024. Tampa Connection is a volunteer-run nonprofit organization whose mission is to provide local business professionals with the necessary tools to become active leaders and volunteers in the Tampa Bay Community. Each year, a select group of applicants are chosen to participate in the Tampa Connection class. The year-long program exposes class members to leadership development, social, and community service opportunities while immersing them in the local community. Logan, along with other members of the Tampa Connection’s “Green Team,” were paired with Quest, Inc., a non-profit organization. Quest, Inc.’s mission is to help people with developmental disabilities experience a full life utilizing a range of services proven to increase capabilities and quality of life. As part of the Green Team’s pairing with Quest, Inc., Logan played an integral part in completing three projects for Quest, Inc. First, the Green Team created a Direct Support Professional guidebook for Quest, Inc.’s new hires that contained a glossary of terminology used, teaching tools, and a training “reference chart.” Second, the Green Team created three unique versions of adaptable recipe books for Quest, Inc.’s culinary classes based on their client’s baseline abilities. Third, the Green Team created an annual calendar of activities and volunteering opportunities for Quest, Inc.’s clients, which involved identifying local activities and opportunities, as well as, scheduling such events. Logan thoroughly enjoyed getting to work with other members of his Tampa Connection’s class and Quest, Inc.’s staff and clients.
Pennington, P.A. recently sponsored the Holocaust Education Resource Council’s 13 th annual Remembrance Dinner. The Holocaust Education Resource Council’s (HERC) mission is “to build hope and silence all hate, including antisemitism, by providing instructional guidance, support, and resources for educators who teach history of the Holocaust, and other educational programs for the community at large.” The dinner was held at the Dunlap Champions Club. HERC presented State of Florida CFO, Jimmy Patronis, the Steve Uhlfelder Humanitarian Award as well as honoring Steve and Judy Winn with the Special Community Leaders award. Pennington, P.A. is proud to support HERC and their mission, along with honoring Jimmy Patronis, and Steve and Judy Winn.
Leean Chojnowski and Brian Chojnowski recently obtained dismissal in favor of their client in a personal injury lawsuit. The plaintiff claimed that he was driving the speed limit immediately prior to the crash and that he was wearing his seatbelt, while vehicle data showed he was driving more than twice the speed limit and not wearing a seatbelt. After Brian confronted the plaintiff with these inconsistencies during his deposition, Leean drafted the motion to dismiss for fraud and Brian advocated in favor of dismissal at an evidentiary hearing. The court granted the motion in favor of Leean and Brian’s client and dismissed the case!
Shareholders Michael J. Thomas and Cody W. Short recently successfully defended a dental medical malpractice case in Hillsborough County, Florida. The plaintiff alleged that his oral and maxillofacial surgeon (and the surgeon’s practice) breached the standard of care while performing complex jaw surgery to correct obstructive sleep apnea. Specifically, the plaintiff alleged that the defendant oral and maxillofacial surgeon negligently performed the surgery and transected a nerve, resulting in severe neurologic injuries, including loss of taste. The defense argued the oral and maxillofacial surgeon complied with the standard of care, and that such an injury was a known risk and recognized complication of the surgery. The case was tried before Judge Alissa Ellison over a five-day period, and resulted in a complete defense verdict for the oral and maxillofacial surgeon and her practice on November 1, 2024. Final Judgment was entered by the Court in favor of the defendants on November 8, 2024. Michael J. Thomas is Board Certified in Civil Trial Law by The Florida Bar, and has an AV Preeminent® rating from Martindale-Hubbell’s peer review rating system, which represents the highest level of professional excellence for ethical standards and legal ability. Mike is a member of the American Board of Trial Advocates. Mike is licensed to practice law in Florida and Georgia and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, the U.S. Court of Appeals for the Eleventh Circuit, the Northern, Middle, and Southern U.S. District Courts of Georgia, and the Supreme Court of the United States. Cody W. Short’s practice focuses on insurance defense and litigation, including medical/dental malpractice, product liability, premises liability, commercial litigation, and employment litigation. Cody is licensed to practice law in Florida and has been admitted to practice in the U.S. District Court for the Northern, Middle, and Southern Districts of Florida, as well as the United States Court of Appeals for the Eleventh Circuit. In 2021, Cody was named a 2021 Super Lawyer Rising Star, which recognizes the top lawyers in Florida through a multiphase selection process involving peer nomination, independent research, and peer evaluation.