Medical Malpractice Caps on Damages

Medical Malpractice Caps on Damages

Medical malpractice caps on damages exist in nearly 30 states. Florida is one of them. Victims can recover the value of their economic damages, but compensatory damages overall are limited in that non-economic damages are capped depending on who is found to have acted negligently.

Florida Malpractice Caps on Damages 

In 2003, Florida legislators and Governor Jeb Bush passed a law capping, or limiting, medical malpractice damages to between $500,000 and $1,500,000, depending on the case. These caps are outlined in Title XLV Torts Section 766.101 and restrict recovery for non-economic damages to $500,000 from providers and $750,000 from non-providers. In cases of wrongful death or catastrophic injury—such as permanent vegetative state—the limits rise to $1 million and $1.5 million, respectively. In emergency situations, however, non-economic damages are capped at just $150,000.

Economic damages, such as medical bills and lost wages, are not capped. This means that if you incur $1 million in medical bills, you may be reimbursed for the full amount without restrictions. But non-economic damages, which account for pain, suffering, and quality of life, are where patients face limitations. Unfortunately, this means that those who suffer catastrophic injuries, such as severe brain damage, total paralysis, or wrongful death, are often prevented from receiving full and fair compensation.

To complicate matters further, Florida’s sovereign immunity laws protect public hospitals from being sued as they are considered public entities. In these cases, damages are capped at $200,000 unless a claims bill is approved by the state legislature. For example, as reported by the Tampa Bay Times in 2012, a child who suffered a severe brain injury during birth at a public hospital was awarded $15 million through a claims bill—far beyond the standard cap.

Governor Bush strongly pushed for the caps, arguing they would end frivolous lawsuits. While this was politically effective, the reality is that frivolous cases are often dismissed and pose no real threat to insurance companies. The caps instead harm patients with the most devastating injuries, reducing their rightful recovery in order to protect insurance giants and large corporations.

As a Miami medical malpractice attorney, I believe these caps unfairly punish those most in need of compensation, raising serious Equal Protection Clause concerns. On February 9, 2012, the Florida Supreme Court was set to consider whether these limits violate constitutional protections and whether the rights of victims of catastrophic injuries should be restored. No one should be left to face financial ruin because of the carelessness of a doctor, hospital, or healthcare provider.

Contacting an Injury Law Firm in Florida 

If you were injured because of medical malpractice or in dental malpractice Florida, your compensation may be limited through damage caps. the law offices of Wolf & Pravato is an injury firm in South Florida that can handle your claim and help you recover the damages to which you are entitled.

Contact us today at (954) 522-5800 to discuss how malpractice caps on damages may impact your case.