Medical Malpractice Law in Florida

Medical malpractice law in Florida is where a patient is seeking compensation for a misdiagnosis or no diagnosis. The case could also be based on the fact that the appropriate treatment was not provided or was not provided in a timely manner.

Limitation Information

Medical malpractice law in Florida requires that non-economic damages can be awarded at a maximum of $500,000 or if there is a death or the involved individual is in a vegetative state the maximum award given can total $1 million. Non-economic damages are compensation for pain and suffering, and mental and emotional suffering as well. While punitive damages have a limitation of $500,000 unless there is intent to harm then there will be no cap on the amount that can be awarded for punitive damages. Punitive damages are in place to more or less punish the defendant due to their misconduct.

You can request a free consultation with a medical malpractice attorney to discuss the specifics of your case.

For patients eight years and older malpractice cases must be started within two years of the case and cannot exceed four years. While children under the age of eight the malpractice case before the child's eighth birthday. On attorney cannot charge more then 30 percent on the first $250,000 awarded, then the percentage drops to 10 after the initial $250,000. In a case where joint and several liabilities are in place the limitations are handled in percentages. So what ever the jury decides each defendant is liable for is what they must pay and only their percentage.

Florida State Malpractice Laws at a Glance:


Florida State Tort Law
Statute of Limitations Two years from date of original injury or after injury was discovered.  No later than four years from injury.
Damage Award Limits For punitive damages, the limit is set to three time the economic damages or $500,000, whichever is greater unless act is deemed intentional in which case no limit applies.  For noneconomic damages, limit is $500,000 per plaintiff.  In the case of permanent vegetative state or death, limit is set to $1 million.
Joint Defendant Liability Proportionate liability for defendants
Expert Witness The expert witness must be a licensed doctor at the same practice as defendant or must have been practicing for at least five years prior to claim.
Attorney Fees Limited to 30% of first $250,000 and 10% thereafter

Court or Arbitration

The case will be heard by a judge and they will decide what facts will be heard by the jury. If both sides agree the case can be arbitrated, which is not heard by a judge or jurors but rather arbitrators.

Expert Witness

Medical malpractice law In Florida states that there must always be an expert witness in the case. The witness should be in the same field of medicine as the defendant or must have been in practice for a minimum of five years. Remember that you do have the right to all doctor and hospital records, including malpractice information.

Other Information on Medical Malpractice Law in Florida

If a doctor has three malpractices will no longer be licensed by the state of Florida, this includes binding arbitration, court malpractice and administrative agency.

Medical Malpractice Lawyer

You should choose a lawyer that specializes in medical malpractice law in Florida due to the technical information needed. If anything is missed it could affect your case in great measures.

You can request a free consultation with a medical malpractice attorney to discuss the specifics of your case.

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