Florida (FL) Medical Malpractice Laws
Everything you need to know about filing a medical malpractice claim in Florida.
Damage Cap
No cap (caps struck down as unconstitutional in 2017 by the Florida Supreme Court)
Statute of Limitations
2 years from the date the malpractice was or should have been discovered
Discovery Rule
Florida applies a broad discovery rule, but imposes a 4-year statute of repose from the date of the incident (extended to 7 years in cases of fraud, concealment, or misrepresentation).
Pre-Filing Requirements
Plaintiffs must conduct a pre-suit investigation and serve a notice of intent to initiate litigation at least 90 days before filing. A verified expert medical opinion corroborating the claim is required.
Average Settlement
$275,000 - $650,000
Average Verdict
$450,000 - $2,000,000
Key Facts About Florida Medical Malpractice Law
- 1Florida's damage caps were ruled unconstitutional in Estate of McCall v. United States (2014, wrongful death) and North Broward Hospital District v. Kalitan (2017, personal injury).
- 2Florida requires a mandatory pre-suit investigation period of 90 days, during which both parties must cooperate with informal discovery.
- 3The state follows a modified comparative negligence standard with a 51% bar (amended in 2023 from pure comparative negligence).
- 4Expert witnesses must be licensed, have active clinical practice, and specialize in the same or similar area as the defendant.
- 5Punitive damages are capped at the greater of $500,000 or three times the compensatory damages.
Need Help with a Florida Medical Malpractice Case?
If you believe you have a medical malpractice claim in Florida, it is important to act quickly. The statute of limitations in Florida is 2 years from the date the malpractice was or should have been discovered. Most medical malpractice attorneys offer free initial consultations.