Florida Medical Malpractice Caps: What You Need to Know

Understanding Florida medical malpractice caps is essential when pursuing a medical malpractice claim. These caps limit the amount of compensation a plaintiff can recover, specifically for non-economic damages like pain and suffering. At MANEY | GORDON Trial Lawyers, we make it our mission to ensure that our clients understand how these caps may impact their cases and fight for the compensation they deserve.

What Are Florida Medical Malpractice Caps?

In Florida, medical malpractice caps were designed to limit the payout for non-economic damages in lawsuits against healthcare providers. Non-economic damages refer to intangible losses such as pain, suffering, emotional distress, and loss of companionship. Economic damages, such as medical expenses and lost wages, are not subject to caps.

Prior to 2017, Florida law capped non-economic damages in medical malpractice cases at the following levels:

• $500,000 per claimant in cases where the malpractice involved a healthcare provider (like a doctor, nurse, or surgeon).
• $750,000 per claimant if the malpractice was considered egregious and involved wrongful death or a permanent vegetative state.
• $1 million if the malpractice caused catastrophic harm or involved a non-practitioner, such as a hospital or other medical facility.

However, in 2017, the Florida Supreme Court declared these caps unconstitutional in wrongful death cases, ruling that they violated equal protection under the law. As a result, the non-economic caps may no longer apply in cases where medical malpractice resulted in a wrongful death. However, caps may still be enforced in cases involving injuries but not death, so understanding how these limits work remains crucial.

At MANEY | GORDON Trial Lawyers, we stay current on the changing legal landscape to help you understand the specific limitations that apply to your situation and to ensure you receive the full compensation allowed by law.

How Medical Malpractice Caps Impact Your Case

Even though non-economic damage caps have been lifted in wrongful death cases, if your case involves a severe injury due to medical malpractice but does not result in death, the old caps may still apply. This can limit the amount you can receive for non-economic damages, making it more difficult to obtain fair compensation for your pain and suffering.

For instance, if your injury doesn’t involve death but has resulted in long-term disability or a life-altering condition, you may still face caps of $500,000 or $1 million, depending on whether the healthcare provider or facility was responsible. This can significantly affect the overall outcome of your case.

At MANEY | GORDON Trial Lawyers, we help you navigate these complex laws, ensuring you’re fully aware of what caps may apply to your claim and how they could impact your potential recovery. Our team is experienced in fighting for the compensation you deserve, and we won’t settle for less than what you’re entitled to under Florida law.

Statute of Limitations for Medical Malpractice in Florida

Understanding Florida medical malpractice caps is just one piece of the puzzle. Equally important is being aware of the statute of limitations for filing a medical malpractice lawsuit. In Florida, the law typically gives you two years from the date of the injury or the date the injury was discovered to file a claim. However, if the injury was not discovered right away, the time frame may be extended slightly, but not beyond four years in total.

There is also a special exception known as the “fraudulent concealment” rule. If a healthcare provider knowingly hides their error or malpractice, you could have a couple more years to file your claim. It’s vital to file your lawsuit as early as possible, as waiting too long could bar you from seeking any compensation at all. MANEY | GORDON Trial Lawyers will work diligently to ensure that your case is filed on time and with all necessary evidence in place.

Why Choose MANEY | GORDON Trial Lawyers for Your Medical Malpractice Case?

MANEY | GORDON Trial Lawyers stands out from other law firms in several important ways. First, we are actively involved in giving back to our community through charitable works. We believe that helping those around us creates a stronger community and demonstrates the compassion we bring to each of our clients.

Additionally, we have multiple attorneys who have been recognized by Super Lawyers® for over a decade. This is a prestigious accolade that speaks to our long-standing expertise and success in handling complex legal cases, particularly in medical malpractice law. Finally, we hold national and state board certifications, which means that our attorneys are recognized for their specialized knowledge and ability to handle cases with the highest level of legal standards.

When you choose MANEY | GORDON Trial Lawyers, you’re not just hiring a law firm—you’re working with a team that’s committed to excellence both in and out of the courtroom.

Frequently Asked Questions about Florida Medical Malpractice Caps

Can I File a Medical Malpractice Claim if the Injury Wasn’t Immediately Apparent?

Yes. Florida law typically allows you to file a medical malpractice lawsuit up to two years from the time you discover the injury. If the injury was hidden by fraud or not immediately apparent, you may have up to four years, and in rare cases, more years if there was concealment. Consulting MANEY | GORDON Trial Lawyers early in the process will help protect your rights and ensure that your claim is filed on time.

What Types of Damages Are Not Capped in Florida Medical Malpractice Cases?

Economic damages, such as medical bills, lost wages, and future medical expenses, are not subject to any cap. These damages compensate for measurable losses, unlike non-economic damages, which are more subjective. MANEY | GORDON Trial Lawyers will work to recover both economic and non-economic damages to ensure you receive the fullest compensation possible for your injuries.

We Can Help You Determine if Florida Medical Malpractice Caps Apply to Your Case

At MANEY | GORDON Trial Lawyers, we are proud to serve the Tampa community and beyond. Whether you’re in Tampa, Clearwater, St. Petersburg, Palm Harbor, Carrollwood, or any other city in Florida, our team has the local knowledge and experience to navigate Florida’s medical malpractice laws effectively. Our extensive experience in Tampa’s legal landscape helps us better advocate for our clients and pursue the justice they deserve.

Medical malpractice cases are complex, but at MANEY | GORDON Trial Lawyers, we are here to guide you every step of the way. From understanding how Florida medical malpractice caps might affect your compensation to ensuring your case is filed within the statute of limitations, we are dedicated to protecting your rights and maximizing your recovery.

If you or a loved one has suffered due to medical negligence, don’t hesitate to reach out. MANEY | GORDON Trial Lawyers has the experience, compassion, and legal expertise you need to pursue justice and receive fair compensation for your injuries.

Contact MANEY | GORDON Trial Lawyers Today

If you have questions about Florida medical malpractice caps or believe you have a medical malpractice case, contact MANEY | GORDON Trial Lawyers today. Our dedicated team is ready to provide the legal guidance you need, and we offer free consultations to help you understand your options. Let us fight for the compensation you deserve—call today.