Florida Medical Malpractice Damage Cap
Track statutory limits on noneconomic damages and calculate your potential recoverable amount.
Legal Nuances & Exceptions
Applicability
All Medical Malpractice Cases
Statutory Reference
Fla. Stat. § 766.118 (Ruled unconstitutional)
No statutory cap on noneconomic damages in Florida. The Florida Supreme Court struck down the statutory caps on noneconomic damages in medical malpractice cases as unconstitutional (Estate of McCall in 2014 for wrongful death, and North Broward Hospital District v. Kalitan in 2017 for personal injury).
Frequently Asked Questions
What is the current damage cap for medical malpractice in Florida?
There is no cap. The Florida Supreme Court ruled that statutory caps on noneconomic damages violated the Equal Protection Clause of the Florida Constitution.
Are punitive damages capped in Florida?
Yes. Punitive damages are generally capped at the greater of three times the amount of compensatory damages or $500,000, though exceptions exist for intentional harm.
Can I recover full pain and suffering damages in Florida?
Yes. Because the caps were struck down, juries can award full noneconomic damages without any statutory limit reducing the final award.
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