How Much Can You Get for a Malpractice Lawsuit in Florida?

Florida medical malpractice suits award victims five to seven figures, averaging $314,687 in 2022, according to Malpractice Search.

The amount of a malpractice settlement depends on the treatment costs of individual injuries and the extent of long-term financial harm. These factors vary from person to person. Valuation of a medical malpractice claim involves input from experts in the medical, legal, and occupational fields.

Statutory caps set by the Florida legislature limit recovery of damages under certain circumstances. Negotiation, arbitration, or litigation are necessary to assign values to intangible losses, such as inability to enjoy life or extreme pain and suffering.

Average Settlement for Medical Malpractice in Florida

The Malpractice Search database reported that the average settlement in 2022 was $314,687.

The Average Settlement For Surgery Malpractice in Florida

People harmed by surgical problems on average receive a malpractice settlement of five-to-six-figures. At the Malpractice Search database, filtering for results in Florida for “surgical or other foreign body retained” showed malpractice settlements across a wide range from $4,500 to $995,000 in 2022.

Caps on Medical Malpractice Damages in Florida

Economic damages are expenses that a victim can document, such as a hospital bill, and they have no cap.

As for noneconomic damages recent legislation signed in 2023 by the Florida governor established caps on them.

Despite these caps being written into law, their legal status remains questionable due to a Florida Supreme Court decision in North Broward Hospital District v. Kalitan. The court ruled that the medical malpractice caps were unconstitutional.

Damage Limits for Practitioners

Florida Statute 766.118 states that no health care practitioner shall pay over $500,000 in noneconomic damages to a single claimant. However, death or a permanent vegetative state creates liability up to $1 million.

Damage Limits for Nonpractitioners

Statute 766.118 caps damages paid by nonpractitioner defendants, like a hospital corporation, at $750,000 per claimant or $1.5 million for death or permanent vegetative state.

Damage Limits for Emergency Situations

Statute 766.118 limits noneconomic damages to $150,000 per claimant for negligence attributed to emergency care practitioners.

Florida Medical Malpractice Settlement Data and Statistics

The Florida Office of Insurance Regulation requires health care practitioners to report malpractice claims every year.

Female vs Male Payouts

Although statistics specific to Florida are difficult to come by, the study “Male and Female Recoveries in Medical Malpractice Cases” concluded that females as a group received lower medical malpractice settlements compared to males.

Payouts based on Patient Type

Patient types are divided into inpatients and outpatients. Becker’s Hospital Review reported that 45% of medical malpractice payouts go to injured inpatients. Outpatient facilities, like an ambulatory surgery center or any doctor’s office, are where another 41% people experience injury. In 9% of cases, the injured people suffered harm in both outpatient and inpatient settings.

Common Examples of Medical Malpractice in Florida

According to the Malpractice Search database, failure to diagnose was the most common type of medical malpractice allegation in Florida in 2022. The second leading source of claims was improper performance.

Failure to diagnose or misdiagnosis can delay of appropriate treatment or cause unnecessary treatments.

Improper performance refers to errors in selecting or conducting treatments, such as failure to monitor an infant’s vital signs during birth or administering the wrong medication.

What is Medical Malpractice in Florida?

Florida Statute 766.102 describes medical malpractice as death or injury resulting from identifiable mistakes made by a health care provider who did not meet the professional standards of care for the circumstances.

Who Can Be Held Responsible for Medical Malpractice in Florida?

A variety of medical professionals and health care related companies may have financial responsibility for malpractice.

Doctors

Physicians and surgeons make important decisions related to diagnosis and treatment.

For this reason, Florida Statute 458.320 requires medical malpractice coverage a required for MD licensing. Physicians must obtain minimum coverage of $100,000 per claim or $300,000 total per year. Surgeons must have higher coverage of $250,000 per claim or $750,000 total per year.

Nurses

Nurses certified as Advanced Practice Registered Nurses must have malpractice insurance according to the Florida Board of Nursing.

Hospitals & Clinics

Corporations, partnerships, and nonprofit entities that operate hospitals and clinics could be subject to malpractice lawsuits. Business, managerial, and staffing decisions may contribute to negligence.

Pharmaceutical Companies

At times, the source of medical harm comes not from what the health care workers did but errors committed by pharmaceutical companies. As makers of medication, these companies have to perform to high regulatory standards about precision dosage manufacturing, quality control, and safety testing.

Medical Device Manufacturers

The manufacturers of medical devices may bear liability for harm to patients when the devices fail or produce inaccurate results.

Other Providers – like radiologists, anesthesiologists, physical therapists, or medical laboratories

Many people cooperate to deliver medical care. Medical laboratories create reports that doctors depend on to make decisions. Radiologists provide opinions about scans that determine the direction of care. Any errors and shortcomings on the part of health care workers could make them responsible for some or all of a person’s damages.

Types of Damages Recoverable in a Florida Medical Malpractice Claim

People hurt by medical negligence endure not only physical and mental suffering but financial losses as well.

Economic Damages

Florida Statute 766.202 defines economic damages as financial expenses that occurred because of the medical injury. In other words, a victim would not have these expenses except for the medical negligence.

Medical expenses

Economic damages include past and future medical bills related to the medical negligence. The medical bills may come from hospitals, outpatient providers, laboratories, physical therapists, and other health care providers.

Lost wages and income

Medical malpractice victims may pursue up to 80% of lost wages or income according to Florida Statute 766.202.

Loss of future earning capacity

Disability resulting from medical negligence could reduce or remove altogether someone’s ability to work. When this loss is directly the result of malpractice, a person may make a claim for up to 80% of lost future earning capacity.

Rehabilitation and home healthcare costs

Rehabilitation services, like physical or occupational therapy, count as medical expenses. Injured people may also require in-home support from home health care aides.

Noneconomic Damages

Not every negative consequence of medical negligence can be easily documented with a medical bill. Florida Statute 766.202 defines noneconomic damages as nonfinancial losses.

Pain and suffering

People hurt by medical malpractice may have to endure long periods of discomfort and distress. The law recognizes this as damage.

Loss of ability to enjoy life

Brain damage, long-term physical disability, and serious disfigurement often leave victims with insurmountable barriers to enjoying life. Examples include inability to communicate or care for oneself.

Loss of companionship

This noneconomic form of damages applies to a close family member of a victim who died or was left severely disabled. The victim can no longer provide an emotional and supportive relationship to one or more close family members, which therefore counts as a loss.

Emotional distress

Emotional distress describes the mental toll on victims. People may suffer from a host of symptoms, including depression, anxiety, chronic fatigue, and flashbacks.

Loss of consortium

Loss of consortium refers to the physical losses experienced by a spouse or partner upon the death or severe disability of a partner. The victim can no longer display love and support or engage in sexual intimacy.

Punitive Damages

Punitive damages are meant to punish a negligent party when the circumstances of the case are especially outrageous.

In cases where negligence was particularly gross or wanton

Florida Statute 768.72 authorizes punitive damages for intentional misconduct when the defendant knew that the actions taken were wrong. Negligence becomes gross negligence when the evidence shows that the conduct displayed a conscious lack of concern for life, safety, or a patient’s rights.

Overview of Laws Regarding Medical Malpractice Lawsuits in Florida

All medical malpractice cases are complicated. Injured people will need to know their rights and act quickly to make a claim.

Statute of Limitations in Florida

Medical malpractice victims must file their claims in a timely manner or lose the right to sue.

How Long Do I Have to File a Medical Malpractice Lawsuit in Florida?

Florida Statute 95.11 sets a statute of limitations of two years for medically injured people to file a lawsuit for damages.

Exceptions to the Statute of Limitations for Medical Malpractice Claims in Florida

People do not always realize right away that medical care injured them. For this reason, Florida Statute 95.11 grants people two years to sue from the date of discovery of the medical negligence but no longer than four years.

Medical malpractice concerning minor children may have an exemption to the two-year statute of limitations.

Cases in which fraud concealed names and medical information from victims give an exemption up to seven years.

Factors Relevant To Medical Malpractice Case Evaluation in Florida

Lawyers evaluating a medical malpractice case will first check to see if too much time has passed according to the statute of limitations. If time remains, then medical experts will be consulted to see if the evidence supports the claim that medical negligence caused damages.

Frequently Asked Questions

 

What is the average payout for medical malpractice in Florida?

In 2022, injured people collected on average $314,687 according to the Malpractice Search database.

How long does a medical malpractice lawsuit take in Florida?

Much of the first two years of the statute of limitations will be spent on investigation, notifying the responsible parties, and negotiation or arbitration. If this process does not resolve the claim within two years, then it could head to the courts and take another one or two years.

Can you sue for malpractice in Florida?

Yes. Health care professionals have a legal duty to provide care based on accepted standards.

What is the success rate of medical negligence?

A medical malpractice case with strong evidence has about a 50% chance of success at trial. Cases with weaker evidence rarely succeed, with 80% to 90% of verdicts siding with doctors according to the study Twenty Years of Evidence on the Outcomes of Malpractice Claims.

Who pays the highest malpractice insurance?

Medscape reported that anesthesiologists pay the highest insurance premiums for malpractice insurance followed by surgeons.

What is the cap for medical malpractice in Florida Medicaid?

Florida Statute 766.118 caps noneconomic damages for victims of malpractice at $300,000 per claimant if Medicaid paid for the medical services.

What is the cap on medical malpractice arbitration in Florida?

Should the parties to a medical malpractice claim choose binding arbitration, noneconomic damages are capped at $250,000 by Florida Statute 766.207.

Does Florida have a cap on medical malpractice?

Economic damages, such as medical expenses, have no caps, but noneconomic damages, like pain and suffering, are currently capped by Florida Statute 766.118 at $500,000 per claimant. Noneconomic damages are also capped in arbitration settlements and cases involving Medicaid recipients.

How do I prove medical malpractice in Florida?

Florida Statute 766.102 explains that a victim of medical malpractice must prove that harm resulted from health care that did not meet currently accepted standards for the circumstances as determined by the medical profession.

Who can sue for medical malpractice in Florida?

The injured person will file the claim for medical malpractice unless dead or severely disabled. In that case, a close relative may file the lawsuit on the victim’s behalf. Parents may sue for an injured child under the age of 25. Spouses may sue for their injured spouses. Adult children may sue for injured parents who have no spouse or minor children.