Are There Medical Malpractice Damage Caps in Florida?

Miami Personal Injury Attorney on Medical Negligence Damages

In the state of Florida, victims of medical malpractice are able to recover damages for the economic damages that they suffer as a result, such as lost wages and future medical bills. However, they are also allowed to recover what is called non-economic damages, or damages for pain and suffering – but unfortunately for victims of medical negligence, these damages are subject to caps under Florida law. In this video, Miami medical malpractice attorney Joe Kalbac explains damage caps and what medical negligence victims are entitled to recover. Our law offices in Miami serves medical malpractice clients nationwide.

Video Transcription

What are the recoverable potential damages in a medical negligence case? Well, they’re like any other personal injury or wrongful death case, except that here in Florida and in many states around the country, nationally, so to speak, there have been caps put on medical negligence cases. That’s why it’s very important to do a thorough investigation of the case before we decide to file a lawsuit to make sure that the time and money justifies going forward in the event that a cap does fall into place. The laws get passed and change from year to year, oftentimes, and so depending on when your particular case came to pass, we would have to look at that particular laws and statutes in effect at that time. For a non-catastrophic personal injury case, right now, the pain and suffering, or the non-economic cap, is $250,000 but that is applicable to each particular at-fault party. There are other caps involving hospitals and more catastrophic cases which may range from $500,000 per practitioner to $1 million per hospital or clinic. Contact our lawyers at 305-476-7400 or contact our website at Colson.com for more information.