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Since 1975, California has employed a strict cap on non-economic damages in cases of medical malpractice. Hence, regardless of the death or injury involved, a plaintiff only can be awarded up to $250,000, even if a jury rules otherwise. For example, in Florida, the family of medical malpractice victim Michelle McCall was awarded $2 million for her death. However, due to Florida’s then-medical malpractice caps, the family only was able to receive $1 million. 

The case of Michelle McCall ignited outrage among her family and other opponents of the medical malpractice caps, and her case soon found its way to the Florida Supreme Court. It was there that the longstanding cap on non-economic damages for such cases was finally lifted. Many people celebrated the win as a victory for the average American and as protection from negligent doctors and money-hungry insurance companies. 

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