Florida Medical Malpractice Case Value Calculator

Under Florida's pure comparative fault rules, medical malpractice damages are reduced by the patient's share of responsibility but never eliminated by it. This system means that even complex cases with some patient non-compliance still have significant recovery potential. The 51% bar Florida adopted in 2023 (HB 837) does not apply to medical negligence claims under chapter 766, which still follow pure comparative fault.

The statute of limitations for this type of claim in Florida is 2 years — in line with the national average of 2.3 years. This is a standard timeframe, but acting sooner preserves evidence and strengthens your position.

Punitive damages in Florida are capped at the lesser of 3 times compensatory damages or $500,000. On $100,000 in compensatory damages, punitive damages would be capped at $300,000.

Before filing a medical malpractice lawsuit in Florida, you must satisfy 2 pre-suit requirements: an expert affidavit or certificate of merit establishing that a qualified medical professional has reviewed the case and believes the standard of care was breached and formal written notice to the healthcare provider before filing, giving them an opportunity to respond or settle. These combined requirements add time and cost to the early stages of a case and can result in dismissal if not followed correctly. Working with an experienced medical malpractice attorney from the outset is essential.

Florida’s 7-year statute of repose sets an absolute outer boundary for medical malpractice claims. Once 7 years have passed since the treatment date, no lawsuit can be filed — period. Exceptions may exist for cases involving foreign objects left in the body or fraud by the provider, but these are narrow and state-specific.