There is a damage cap for pain and suffering in Florida malpractice cases. However, in 2017, the Florida Supreme Court ruled that these caps are unconstitutional. While this law is still on the books, courts don’t follow it when awarding non-economic damages like pain and suffering.
Below, our Florida medical malpractice lawyers explain what that means for you.
North Broward Hospital District v. Kalitan
In the 2017 case North Broward Hospital District v. Kalitan, the Supreme Court ruled that damage caps in medical malpractice claims are unconstitutional.
The Court affirmed that these damage caps “violate the Equal Protection Clause of the Florida Constitution.”
The Supreme Court had already ruled these caps unconstitutional in wrongful death cases in the 2014 decision in Estate of McCall v. U.S. This decision stated that the law violated the Equal Protection Clause of the Florida Constitution under the rational basis test.
A History of Florida’s Non-Economic Damage Caps in Medical Malpractice Cases
Florida’s non-economic damage caps have been around since 2003, when the state passed the law overhauling medical malpractice claims. The law, before it was deemed unconstitutional, capped the non-economic damages at $500,000 for medical malpractice cases. The $500,000 cap applies to cases against providers. If the case was against a non-provider, the cap increased to $750,000.
Exceptions to the Damage Cap
All non-economic damages were capped in medical malpractice cases. However, the law did have some exceptions that allowed claimants to recover more than $500,000.
- If a medical provider’s negligence led to a permanent vegetative state or death, the damage cap increases to $1 million.
- If the medical provider’s negligence led to injuries that led to severe economic harm.
What are Non-Economic Damages?
Non-economic damages refer to the intangible losses you suffer after medical malpractice—those that don’t come with a receipt or bill but still have a profound impact on your quality of life. Non-economic damages include things like:
- Pain and suffering
- Emotional distress
- Mental anguish
- Anxiety
- Scarring and disfigurement
- Loss of consortium
These types of damages recognize the emotional and physical toll malpractice can take on your life. While they can be harder to quantify than financial losses, they are just as important when pursuing justice and recovery. An attorney can help clearly demonstrate how these damages have affected your well-being.
What Damages are Recoverable in a Florida Medical Malpractice Case?
In medical malpractice cases, plaintiffs may be entitled to several types of damages designed to compensate for the harm caused by a healthcare provider’s negligence. These typically fall into two main categories: economic and non-economic.
Economic damages cover quantifiable financial losses such as medical expenses (past and future), lost income, and reduced earning capacity. These are intended to restore the financial position the plaintiff would have been in had the malpractice not occurred.
Non-economic damages address more subjective harms that are harder to quantify, including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. Many states place caps on non-economic damages in medical malpractice cases to limit excessive jury awards.
Wrongful death damages are available if your loved one passed away due to a medical provider’s negligence. These include both economic and non-economic damages, such as medical bills for care your loved one needed before their passing, lost support and services, lost companionship and protection, pain and suffering, loss of parental companionship, loss of instruction, and funeral and burial costs.
The severity of the harm and the impact on the plaintiff’s life are considered in calculating the final award. Our team can help you determine what damages you may be entitled to and fight for every dollar we can recover on your behalf.
Are Economic Damages Capped in Florida Medical Malpractice Cases?
No, there was never a cap on economic damages. Your attorney can fight for every dollar a negligent medical provider has cost you and will cost you.
What Constitutes Medical Malpractice?
In Florida, you may have a medical malpractice case if:
- A medical provider (e.g., doctor, oncologist, surgeon, nurse, anesthesiologist, etc.) failed to uphold their profession’s standard of care.
- Their negligence injured you or allowed your illness to worsen.
Examples of medical negligence could include:
- Failing to order further testing for abnormalities
- Misdiagnosis (e.g., diagnosing a heart attack as an anxiety attack)
- Missed diagnosis (e.g., failing to see a cancerous tumor on imaging)
- Delayed diagnosis (e.g., seeing a tumor on imaging but not diagnosing it for months)
- Surgical “never events” (e.g., surgery on the wrong person, surgery on the wrong body part, or leaving a surgical instrument inside a patient)
It is important to note that not every bad outcome is malpractice. You or your lawyer must be able to prove that the bad outcome was the direct result of your doctor failing to uphold their industry’s standard of care.
Building a Medical Malpractice Case in Florida
If you believe you’ve been harmed by a healthcare provider’s negligence in Florida, building a strong medical malpractice case requires meeting several legal standards. First, you must show that a doctor-patient relationship existed, meaning the provider owed you a duty of care. Then, you need to demonstrate that they breached that duty by failing to act as a reasonably competent provider would under similar circumstances.
Florida law requires a specific pre-suit process before you can file a lawsuit. This includes serving a Notice of Intent to sue and providing a sworn statement from a qualified medical expert who supports your claim. During the following 90-day investigation period, the provider may choose to settle or contest your allegations.
You’ll also need to prove that the provider’s negligence directly caused your injuries and led to measurable damages—such as medical bills, lost wages, or pain and suffering.
This process can be complex and time-sensitive, so you will want to consult with an experienced Florida medical malpractice attorney. They can guide you through each step, gather the necessary evidence, and fight for the compensation you deserve.
Get Help from Our Medical Malpractice Lawyers
Florida’s Supreme Court ruled damage caps unconstitutional. This means you can fight for every dollar your medical provider’s negligence cost you.
Let Anidjar & Levine help you get it. Call us today for a free consultation.
