Damage Caps in Florida Medical Malpractice and Dental Malpractice Cases

Caps on noneconomic damages in Florida medical malpractice suits are unconstitutional, at least that is what the Florida Supreme Court determined. Thus, the caps that we used to see in Florida Statute 766.118 are now just empty words--words found to be in voilation of equal protection. 

The Florida Supreme Court expounded:

“The statutory cap on wrongful death noneconomic damages fails because it imposes unfair and illogical burdens on injured parties when an act of medical negligence gives rise to the multiple claimants. In such circumstances, medical malpractice claimants do not receive the same rights to full compensation because of arbitrarily diminished compensation for legally cognizable claims.”

Florida statutes still contain the "caps" language. Specifically, Florida statutes set forth the limitations on the amount of noneconomic damages a claimant could get in a dental malpractice or medical malpractice case prior to the Florida Supreme Court decision sicussed above. As we noted, the statute that provided this information was Fla. Stat. 766.118. This article provides a discussion of the damage caps that once applied to Florida medical malpractice and dental malpractice cases.

Important Definitions in the Florida Statute

According to the statute, "noneconomic damages" are those damages defined in section 766.202(8) that don’t have an easily-quantifiable monetary value and include things like pain and suffering, emotional distress, and loss of consortium.

A "practitioner" is a person or entity licensed or registered in Florida law and their employees acting within the scope of employment.

A "nonpractitioner" refers to defendants other than practitioners, including hospitals and other healthcare facilities.

Former Limitations on Noneconomic Damages

The caps on noneconomic damages that were in place before the Florida Supreme Court decision were as follows:

Practitioner Negligence

For personal injury or wrongful death cases arising from the negligence of practitioners, noneconomic damages were capped at $500,000 per claimant, regardless of the number of defendants. No practitioner could be liable for more than $500,000 in noneconomic damages, regardless of the number of claimants.

Nonpractitioner Negligence

In cases arising from a nonpractitioner’s negligence, Florida once capped noneconomic damages at $750,000 per claimant, regardless of the number of defendants.

Emergency Services and Care

For cases involving practitioners providing emergency services and care, noneconomic damages were capped at $150,000 per claimant, with a total cap of $300,000 for all claimants from all practitioner defendants. For nonpractitioner defendants providing emergency services and care, noneconomic damages were capped at $750,000 per claimant, with a total cap of $1.5 million for all claimants from all nonpractitioner defendants.

Medicaid Recipient Cases

In cases involving practitioners providing medical services and care to Medicaid recipients, noneconomic damages were capped at $300,000 per claimant, with a cap of $200,000 for each practitioner defendant, unless the claimant could prove the practitioner acted in a wrongful manner.

Exceptions and Adjustments

In certain cases, the statute allowed for higher caps on noneconomic damages. If the negligence resulted in a “permanent vegetative state” or wrongful death, the cap increased to $1 million for practitioner defendants and $1.5 million for nonpractitioner defendants. Additionally, if the trial court determined that a manifest injustice would occur without an increase in noneconomic damages, and the trier of fact determined that the defendant's negligence caused a catastrophic injury, the cap could be increased to $1 million for practitioner defendants and $1.5 million for nonpractitioner defendants.

Setoff and Sovereign Immunity

The statute stated that any reduction in noneconomic damages due to the caps should occur after making reductions for comparative fault and before applying any setoffs. This section did not apply to actions governed by Florida's sovereign immunity law under Section 768.28.

In summary, Florida's damages caps in medical malpractice cases would vary, depending on the type of defendant and the circumstances of the case. While these caps were intended to provide a balance between compensating injured patients and protecting healthcare providers from excessive liability, they were ultimately struck down as a violation of equal protection.

Damages Caps and Arbitration in Medical Malpractice Cases

Sometimes, the defense will make an offer of voluntary arbitration in a medical malpractice or dental malpractice case. What does this mean?

Well, arbitration is an alternative dispute resolution method in medical malpractice and dental malpractice cases, which provides the opportunity for a more informal and streamlined process as compared to litigation. In Florida, the Medical Malpractice Act governs arbitration and includes a provision on damages caps. Below, we’ll talk more about these damage caps and how they can affect the value of your case.

Damages Caps in Arbitration

When both parties agree to arbitrate, noneconomic damages are capped at $250,000 per incident, regardless of the number of claimants or defendants. This cap applies to all claims, including those involving practitioners, nonpractitioners, and providers of emergency services.

Damages Caps When a Party Refuses Arbitration

If a defendant offers arbitration and the claimant refuses, the noneconomic damages cap is limited to $350,000 in the ensuing litigation. This cap encourages parties to consider arbitration as a viable alternative to traditional litigation.