The State of Florida has a law that places caps on non-economic damages in medical malpractice cases that severely limits the amount victims of medical negligence and malpractice can recover for their non-economic losses.

How Do Non-economic Losses Differ from Economic Losses?

Non-economic losses include, but are not limited to, pain and suffering, mental anguish, disfigurement, physical impairment, loss of companionship, loss of enjoyment of life and loss of consortium.

Economic losses include, but are not limited to, lost wages, loss of future income and medical expenses. Economic losses do not have state caps on the amount of damages that may be awarded in a medical malpractice case.

What Are Cap Amount Limits?

The current cap on non-economic damages is $500,000.00 against physicians, chiropractors, podiatrists, optometrists, dentists, midwives, nurse practitioners, physical therapists as well as the hospitals and private practices that employ them. The cap is increased to $1,000,000.00 if there is a death or the patient remains in a permanent vegetative state as a result of the medical malpractices.

The higher cap amount may also apply to what is considered a “catastrophic injury ,” such as:

• Spinal cord injuries resulting in paralysis
• Amputation of a hand or limb
• Severe brain and closed head injury
• Second or third degree burns over 25% or more of the body or third degree burns covering at least 5% of the hands or face
• Blindness
• Loss of reproductive organs

The issue of caps in medical malpractice cases is a very complex issue that requires the skilled legal representation of an experienced medical malpractice attorney. The statute of limitations allows a very short time period to file a claim for a very complicated and regulated area of the law.