What is the Medical Malpractice Cap in Florida?
When an individual is injured because of medical negligence or inaction, they can bring forth a claim to seek compensation. However, like many states, Florida sets a cap on how much money a plaintiff can receive in non-economic damages. This rule does not apply to economic damages, which refer to tangible losses and payments such as medical bills, loss of wages, and more. Florida does not set limitations on how much a victim can receive for economic damages.
Non-economic damages are unquantifiable harm, such as emotional distress and pain and suffering. Florida has complex rules regarding how much a person can recover in these cases.
Non-Economic Damages Caps Against Practitioners
The term practitioner refers to medical entities such as doctors, physicians, hospitals, nurses, dentists, and more. A practitioner is not liable for more than $500,000 per plaintiff. The total non-economic damages recoverable by all plaintiffs from all practitioners cannot exceed $1,000,000. In emergency room cases, Florida limits the recovery of non-economic damages to $150,000 for a victim.
Non-Economic Damages Cap Against Non-Practitioners
Non-practitioner defendants are not liable for more than $750,000 in non-economic damages per plaintiff. The total non-economic damages for all plaintiffs against all non-practitioners cannot exceed $1,500,000. In cases of severe non-economic harm or catastrophic injury, the cap can increase to $1.5 million.
While Florida sets limitations on how much a victim can receive for non-economic damages, a judge can overrule the cap if they believe it would be unjust not to do so.
If you or a loved one has suffered catastrophic injuries, such as paralysis, loss of limb or brain damage, as a result of a medical entity’s negligence or lack of care, you may be eligible for both economic and non-economic damage compensation. Contact the Panama City medical malpractice attorneys at The Pittman Firm, P.A. today to discuss your situation. We will inform you of your rights and see if you have a case. You can trust you are safe with our experienced legal team.