When negligence or a misdiagnosis at NCH Baker Hospital, Physicians Regional Medical Center, or another hospital in Florida causes an injury to a patient, the injured party can suffer significant financial, physical, and emotional harm.
Anyone seeking compensation for an injury may wonder, “Does Florida cap damages in medical malpractice cases?” Florida’s rules are governed by court rulings and statutes.
Understanding Florida Medical Malpractice Damages
Medical errors and misdiagnoses are leading causes of preventable harm in the United States. A shocking 795,000 Americans are estimated to die every year due to medical errors, and almost 29% of physicians will face a court claim alleging malpractice during their career. Around 60,000 people undergo general anesthesia every day, and improper monitoring can also cause serious injuries or even death.
When a healthcare provider’s negligence causes someone harm, the injured party can pursue legal action by filing a medical malpractice claim. Florida’s medical malpractice laws require plaintiffs to demonstrate that the doctor’s actions failed to meet the prevailing standard of care that is expected of healthcare providers in similar situations. Such claims can lead to meaningful compensation that can help the injured party reclaim the losses they suffered.
Does Florida Cap Damages in Medical Malpractice Cases?
Florida does not place caps on economic and non-economic damages, although punitive damages may be limited under state law. Tangible losses from medical bills, lost wages, and other financial setbacks are classified as economic damages, while non-economic damages generally reflect intangible forms of harm through pain and suffering.
In 2017, the Florida Supreme Court ruled in North Broward Hospital District v. Kalitan that the state’s statutory cap on non-economic damages in personal injury medical malpractice cases violated the Equal Protection Clause of the Florida Constitution.
The decision struck down the general cap on pain and suffering damages, allowing injured patients to recover the full amount of non-economic damages awarded by a jury rather than having those awards automatically reduced under Florida law. Importantly, Florida does cap punitive damages. Civil claims generally limit punitive damages to three times compensatory damages or $500,000, whichever is greater.
When Punitive Damages May Be Awarded
Punitive damages are not automatically awarded, and the burden of proof falls on plaintiffs to show that this type of compensation is appropriate. Unlike economic or non-economic compensation, punitive damages are intended to punish the defendant for particularly egregious misconduct and discourage similar conduct in the future.
Under Florida law, punitive damages generally require clear and convincing evidence that a defendant engaged in intentional misconduct or gross negligence, rather than ordinary negligence. Because this is a much higher legal standard, punitive damages are awarded in only a limited number of medical malpractice cases.
Why You Should Hire a Medical Malpractice Lawyer
Attempting to pursue compensation from a negligent doctor without strong support from a Florida medical malpractice attorney could lead to significant challenges and setbacks. Hospitals have their own legal teams that focus on disputing liability and doing whatever they can to reduce the size of settlements.
When you hire a medical malpractice lawyer, you gain representation from an experienced lawyer who understands Florida’s medical malpractice laws and how to effectively manage your medical malpractice claim.
Spangenberg Shibley & Liber brings many decades of experience to these matters and can represent you in court. Our award-winning lawyers have reclaimed more than $1 billion* for our clients through focused litigation and settlement negotiations. Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits. Awards and recognition are not guarantees of future results.
Protect Your Rights With Spangenberg Shibley & Liber
Understanding how Florida law treats medical malpractice damages is an important step for anyone considering legal action after a preventable medical error. While punitive damages are generally subject to statutory limits, compensation for medical expenses, lost income, pain and suffering, and other losses depends on the facts of each case.
If you believe a healthcare provider’s negligence caused your injuries, Spangenberg Shibley & Liber can evaluate your claim and explain your legal options. Contact our office today, so we can discuss your case and learn how we can pursue the full compensation you may be entitled to recover.
*Past results do not guarantee a similar outcome. Every case is different and must be evaluated on its own merits. Awards and recognition are not guarantees of future results.
