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Joint And Several Liability

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 of each defendant's degree of fault, and each is severally liable. The jury shall apportion liability among all culpable persons or entities including non­defendants upon request from any party. However, any tortfeasor whose liability exceeds that of the claimant is jointly and severally liable for the claimant's economic damages with the exception of the state university system or to teaching hospitals, for which joint liability has been abolished.

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: Immunities
    A: The State of Florida and its counties, municipalities, and other political subdivisions does not enjoy sovereign immunity. The statutory waiver of immunity is limited … 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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