Franzen v. Mogler (699 So. 2d 1026, 1997)

FARMER, Judge.

This case presents only issues identical to those we have today decided in St. May’s Hospital Inc. v. Phillipe, No. 96-2321, 699 So.2d 1017 (Fla. 4th DCA July 30, 1997). We therefore make the same disposition here. We reverse the award of non-economie 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.