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Immunities

The State of Florida and its counties, municipalities, and other political subdivisions does not enjoy sovereign immunity. The statutory waiver of immunity is limited to $100,000 per claimant and $200,000 per occurrence. Neither the state nor any of its political subdivisions is liable for punitive damages. Litigants who obtain an unenforceable judgment in excess of the cap can petition the state legislature for a "claim bill," that is, a private bill granting compensation in excess of the cap. A small number of these are routinely granted every year.

Independent contractors share in this sovereign immunity, and thus to enjoy the benefits of the low limits on damages. Legislature has specifically designed a statute to allow those providing medical services to the indigent at county hospitals and the like to be considered agents of the immune entity, and thus to avoid being the "deep pocket" defendant in cases where co­defendants' liabilities will be capped. The contractor must meet risk management standards, pay his own costs and legal fees for malpractice litigation, and give notice of the arrangement to every patient.

Claims against the state or its political subdivisions must be made in writing to the Department of Insurance within three years from the date of the occurrence, and a complaint must be filed within four years. The State Tort Claims Act also provides that attorneys' fees in such actions may not exceed 25 percent of the judgment or settlement amount.

State employees are immune from suit for injuries caused in the course of their employment provided the employee does not act in bad faith or a willful wanton manner.

Other Florida Medical Malpractice FAQs

  • Q: Arbitration
    A: Florida does not require that medical malpractice actions be referred to an arbitrator, although judges are authorized to refer cases to non­binding arbitration. … More
  • Q: Attorneys' Fees
    A: Florida has declared that attorneys' fees in excess of the following amounts are presumed unreasonable: In cases that settle before filing an answer or appointing an … More
  • Q: Contributory Or Comparative Negligence
    A: Florida adheres to the pure form of comparative negligence.
  • Q: Collateral Source Rule
    A: Florida has held that the court must reduce a claimant's damages by the amounts paid to the claimant from collateral sources. However, the court must also receive … More
  • Q: Contribution
    A: Florida has held that joint tortfeasors are afforded a right of contribution with the exception of a settling tortfeasor, who is not entitled to contribution from a … More
  • Q: Damage Caps
    A: Punitive damages in excess of three times the claimant's compensatory damages are presumed to be unreasonable, and the court must order a remittitur unless it … More
  • Q: Expert Testimony
    A: A claimant must include a verified written medical expert opinion corroborating that there are reasonable grounds to believe that each named defendant was negligent. … More
  • Q: Joint And Several Liability
    A: In any action for professional negligence accruing on or after July 1, 1986, wherein damages exceed $25,000, liability is apportioned among the defendants on the basis … More
  • Q: Patient Compensation Funds And Physician Insurance
    A: Florida has established two patient compensation funds: The Florida Birth­Related Neurological Injury Compensation Plan, which is the exclusive means of obtaining … More
  • Q: Periodic Payments
    A: The court must order that any future economic damages in excess of $250,000 be made as periodic payments upon request from any party. The court may require security … More
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