Are There Caps to Medical Malpractice Damages?

Posted on July 12, 2023 by Shapiro Law Group

two exhausted and desperate surgeons as signs of congestion and errorMedical malpractice cases are both complex and demanding. Victims find themselves grappling not only with health issues but also intricate legal matters. At the Shapiro Law Group, we have assisted numerous victims of medical negligence in Tampa, Florida, in understanding their rights and seeking justice.

Florida Medical Malpractice

Medical malpractice is an act of negligence by a healthcare professional, leading to injury or death. The law stipulates specific rights for the victims to seek compensation. But, are there caps on medical malpractice damages in Florida? Yes, there are, and here is what you need to know.

Medical Malpractice Damages

Medical malpractice damages in Florida can be classified as economic, non-economic, and punitive damages.

  • Economic Damages: These damages represent the tangible costs associated with the injury resulting from the malpractice. They include medical expenses (past, present, and future), loss of earnings, loss of future earning capacity, and other out-of-pocket expenses related to the injury.
  • Non-Economic Damages: These damages compensate victims for the intangible, subjective losses suffered due to the malpractice. They include pain and suffering, mental anguish, loss of companionship, and the diminished quality of life.
  • Punitive Damages: Punitive damages may also be awarded in medical malpractice lawsuits, although they are less common than economic and non-economic damages. They are intended to punish the defendant and deter others from committing similar acts.

It’s important to note that calculating medical malpractice damages can be a complex process requiring a thorough understanding of Florida’s medical malpractice laws.

Florida Malpractice Cap on Damages

On March 24th, 2023, the Governor of Florida signed a bill imposing new caps on non-economic damages in medical malpractice cases. According to the Florida medical malpractice law, a practitioner may be held liable for non-economic damages up to $500,000. In contrast, non-practitioners can be held liable for up to $750,000 for personal injury or wrongful death due to medical malpractice. In extreme cases where the victim is left in a permanent vegetative state or dies, the total non-economic damages recoverable may be up to $1.5 million. It’s important to note that these caps apply to non-economic damages, such as pain and suffering, mental anguish, or loss of companionship.

In contrast, economic damages, including medical bills, loss of income, or other out-of-pocket expenses, are not capped. This means victims can claim full compensation for their financial losses.

Under Florida law, punitive damages are capped at three times the amount of compensatory damages awarded to each claimant or $500,000, whichever is greater.  However, if the court finds that the wrongful conduct was motivated solely by unreasonable financial gain or determines that the defendant’s actions were particularly egregious, the cap can be raised to four times the compensatory damages or $2 million.

Maximizing Medical Malpractice Damages in Florida

The legal labyrinth of medical malpractice in Tampa, Florida, is not an endeavor you should face alone. That’s where the Shapiro Law Group comes in. Our medical negligence attorneys are experienced in investigating and substantiating claims of medical malpractice.

We not only understand the nuances of Florida medical malpractice law but also the new caps on damages. We can help you calculate your medical malpractice damages accurately and fight tirelessly to get you the compensation you deserve.

With our firm on your side, you’ll receive personalized attention to ensure your voice is heard and your rights are protected. The caps on medical malpractice damages should not deter you from pursuing your rightful claim.

Whether it’s understanding the Florida malpractice cap or compiling a compelling case, our experienced medical malpractice attorneys in Tampa are ready to help you. Call us today to begin the process of seeking justice and securing the compensation you deserve.


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