Opinion
Case No. 96-2356
Opinion filed July 30, 1997 Rehearing Denied October 22, 1997.
Appeal from the Division of Administrative Hearings; State of Florida, L.T. Case No. 95-5199MA.
Alyssa Campbell, Ila J. Klion, and Ralph Anderson of Hicks, Anderson Blum, P.A., Miami, and Bobo, Spicer, Ciotoli, Fulford, Bocchino, DeBevoise and Le Clainche, West Palm Beach, for appellants.
Jane Kreusler-Walsh of Jane Kreusler-Walsh, P.A., West Palm Beach, and Lake Lytal of Lytal, Reiter, Clark, Sharpe, Fountain, Roca Williams, P.A., West Palm Beach, for appellees.
Kristy C. Brown of Fisher, Rushmer, Werrenrath, Wack Dickson, P.A., Orlando, for Amicus Curiae-Florida Defense Lawyers Association.
Claudia B. Greenberg of Grossman and Roth, P.A., Miami, for Amicus Curiae-Academy of Florida Trial Lawyers.
This case presents only issues identical to those we have today decided in St. Mary's Hospital Inc. v. Phillipe, no. 96-2321 (Fla. 4th DCA July 30, 1997). We therefore make the same disposition here. We reverse the award of non-economic damages because we have concluded that the $250,000 limit does not apply to each claimant but, as the statute itself says, to each incident. We affirm on the economic damages issue because we have concluded that such damages are controlled by the Medical Malpractice Act and not by the Wrongful Death Act.
GUNTHER., J. and MAY, MELANIE, G., Associate Judge, concur.