Florida's Cap for Medical Malpractice Damages

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What Are Medical Malpractice Damage Caps?

Many states have laws that limit the damages available to medical malpractice plaintiffs. Most states limit only "non-economic" damages. Non-economic damages are subjective, unquantifiable losses such as pain and suffering, mental anguish, loss of companionship, and disfigurement. States usually do not limit "economic" damages, which are objective, quantifiable losses including medical bills, lost wages, and lost future earnings.

Does Florida Cap Medical Malpractice Damages?

Florida limits medical malpractice damages available to plaintiffs. Like the limitations in most other states, Florida’s limitations apply only to "non-economic" damages. Florida does not limit "economic" damages.

Florida’s laws regarding medical malpractice caps are more complicated than most other states. Florida imposes different limitations for damages against "non-practitioner" defendants than for damages against "practitioner" defendants (e.g., physicians, physician assistants, medical assistants, chiropractors, naturopaths, optometrists, podiatrists, midwives, dentists, dental hygienists, physical therapists, and registered nurses).

By definition, "practitioner" also includes associations, corporations, firms, partnerships, or other business entities  under which a practitioner practices. The definition of "practitioner" also includes any employee of a practitioner or business entity acting within the scope of her employment.

Florida also imposes lower limitations for damages resulting from emergency services and care. Finally, Florida imposes lower limitations on damages resulting from care provided by practitioners to Medicaid recipients. The following outline explains the most common categories of malpractice damage limits:

Damage Caps against Practitioners in Florida

Damage Caps Against Non-Practitioners

Seeking Legal Help

If a negligent doctor has injured you or a loved one, you should speak to an experienced medical malpractice lawyer in Florida to learn more about your rights and remedies. A lawyer can assist you with filing a medical malpractice claim, explain the value of your case, and help you navigate through the complicated legal process.

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Last Modified: 10-06-2014 03:56 PM PDT

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