Are There Caps On Medical Malpractice Damages In Florida In january 2022, the florida supreme court ruled that caps on non economic damages are unconstitutional. before the ruling, the cap (maximum recoverable amount of compensation) was set at $500,000. you might be confused by this if you’ve already visited the 2021 florida statutes, where the old medical malpractice cap is still listed. Florida statutes pertaining to medical negligence have now been updated. the cap on non economic malpractice damages was set at $500,000 for most cases. a few specific factors could cause this cap to be extended to $1 million for certain cases, such as in the event of wrongful death, extremely severe injuries, or if the plaintiff has been put.
Are There Any Caps On Medical Malpractice Damages In Florida Under the proposed caps, a plaintiff in a personal injury or wrongful death case involving medical malpractice could receive a maximum of $500,000 in “non economic damages” from doctors or practitioners, regardless of how many practitioners are liable. the cap would be $750,000 in lawsuits against hospitals or other “nonpractitioners.”. In other words, there is no limit on the amount of compensation a medical malpractice plaintiff can recover for past and future medical care necessitated by the malpractice, lost income, lost future earning capacity, and any other measurable economic losses attributable to the defendant's malpractice. florida also uses different caps for. Florida law caps punitive damages at the greater of three times the amount of compensatory damages, or $500,000. medical malpractice claims and florida caps. even though florida has declared damage caps on non economic damages unconstitutional, there are still some cases where such caps may still apply, including those involving:. The legal landscape regarding medical malpractice caps in florida has evolved significantly over the past decade. in a landmark decision in 2017, the florida supreme court ruled that caps on non economic damages in medical malpractice cases are unconstitutional, citing that they violated the equal protection clause of the florida constitution.
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