What does the Florida malpractice damages cap mean for your claim?

by Jul 29, 2021Medical Malpractice, Personal Injury

What does the Florida malpractice damages cap mean for your claim?

by Jul 29, 2021Medical Malpractice, Personal Injury

Florida malpractice damages cap
Florida malpractice damages cap

The Florida malpractice damages cap specifies what damages you, the grieving family of a medical malpractice patient, can expect to collect from a health care provider who breached a duty to your loved one. Under Florida law, you cannot collect subjective damages for scarring, anxiety, disfigurement, or loss of companionship. Florida health care providers do have to pay for medical care necessary due to their malpractice for the life of the patient. Plaintiffs can also expect to recover lost wages, loss of future earnings, and other economic losses directly attributable to the provider’s deliberate or negligent acts.

Florida Malpractice Damages Cap

Under Florida Statute § 766.118, Florida judges usually cap damages in cases against physicians at $500,000 or $1 million if the patient, your loved one, died due to the doctor’s medical malpractice. The family of a patient who never recovers from a vegetative state may also recover up to $1 million if the catastrophic injury resulted from a doctor’s error or deliberately reckless or negligent behavior. In medical malpractice cases against paraprofessionals or assistants, the Florida malpractice damages cap is $750,000 or $1.5 million depending on the severity of the injuries or the nature of the loss.

Florida Medical Malpractice Lawyer

Our Florida medical malpractice lawyer expects competent health care providers to respect your right to health and wellbeing. If you received substandard treatment from a Florida physician in a hospital or clinic, you may be entitled to compensation for damages as a direct result of the medical malpractice. Medical negligence and medical malpractice both involve doctors, nurses, medical facilities, and/or pharmacists actively causing harm to patients. Medical malpractice occurs when a health care professional intentionally or negligently fails to provide the required standard of care.

The Florida Supreme Court

The Florida Supreme Court ruled that patients’ right to know of previous complaints on a doctor, hospital, nurse, nursing facility, or pharmacist and patients’ right to know about repeated medical malpractice on health care providers be placed on the Florida ballot. The Florida Supreme Court ruled against the Plaintiff for Tenet Hialeah Health System, Inc. for lack of proximate cause. Attempts before the Florida Supreme Court to hold hospitals responsible for physicians on their staff have met with mixed results, but the Court’s ruling is clear. The Florida Supreme Court does not impose a cause of action against hospitals where state laws intend there is not one. The Florida Supreme Court ruled in June of 2017 that limits on damage awards to patients who suffered the most catastrophic injuries and denying them non-economic damages is unconstitutional.

Defective Products

Medical malpractice includes the use of defective products, failure to warn patients of the adverse side effects of drugs or medical procedures, lack of skill, or intentional wrongdoing. Malpractice lawsuits involving the side effects of pharmaceuticals or defective products, such as surgical mesh, maybe class action. Your claim may be included in an existing lawsuit at no cost to you.

Strict Liability

Strict liability applies to defective product medical malpractice cases. Your surgeon or doctor performed your surgery impeccably but the surgical implant, hernia mesh, prosthetic knee, or hip, was defective. Your doctor prescribed a pharmaceutical drug appropriate for your medical condition, but the drug was recalled by the FDA. Often drugs are recalled for failure to adequately print the possible side effects of medication on the outer package for the consumer.

Filing a Medical Complaint

You can file a medical complaint against your doctor through the Florida licensing board. Medical malpractice cases tend to be based on:

  • Failure to diagnose
  • Lack of informed consent
  • Failure to follow protocol
  • Defective products
  • Interaction of prescribed drugs


Fatal Combination of Prescription Drugs

Emergency medical doctors and pediatricians often prescribe cough syrup with codeine for toddlers and children to help them swiftly recover from severe upper respiratory infections. Narcotic cough syrup is fatal when combined with your child’s medication for his or her autism spectrum disorder, seizure disorder, or hyperactivity medication. The FDA clearly warns against combining cough medicine with central nervous system depressants. Your pediatrician and your child’s pharmacist have a duty to not give your child a fatal dose of narcotic cough syrup.

Wrongful Death

If your family member or child died from a lethal overdose or an improper mixture of prescribed medication, our wrongful death lawyer may be able to file a third-party wrongful death lawsuit for the loss of your loved one. A wrongful death lawsuit compensates the grieving family for the deceased medical bills, lost wages, pain, and suffering, burial expenses, and loss of income from a principal wage earner. The administrator of the deceased’s estate can collect the amount of money the deceased is projected to have earned by full retirement age for minor children who lost the guidance of their parents.

Letter of Intent and Certificate of Merit

If you intend to bring a medical malpractice lawsuit against a doctor, pharmacist, or medical facility, you must first serve the health care provider with a letter of intent. You have two years from the date of your injuries or diagnosis to file a medical malpractice claim, and you must include a certificate of merit. The certificate of merit is another physician’s statement that medical malpractice occurred, and it must be signed by a licensed doctor. You also must prove that you suffered additional medical expenses or loss as a direct result of the physical harm resulting from the health care provider’s actions. If your case is strong with our representation, the doctor or health care facility’s insurance company may prefer to settle rather than litigate.


You should contact a Florida medical malpractice lawyer if you believe you or your loved one is a victim of medical malpractice in Florida. Our experienced personal injury law team will help you determine the best course of action, whether it is filing a suit, going through arbitration, or other options for getting you and your family the compensation that you deserve. We will help you get justice.

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