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Patient Compensation Funds And Physician Insurance

Florida has established two patient compensation funds:

The Florida Birth­Related Neurological Injury Compensation Plan, which is the exclusive means of obtaining compensation for an important class of severe, birth­related injuries. This provides compensation for birth­related neurological injuries without regard to the negligence of any health care provider. Since recovery under this plan precludes recovery by means of a medical malpractice jury trial, whether or not an injury meets the required definition is often litigated. The definition excludes by its terms premature babies and those whose injury results from care prior to labor and delivery. A child must be both mentally and physically impaired to qualify. Actions under the plan must be commenced within five years from the infant's birth. Physicians are not required to participate in the plan. However, the fund will not cover a birth­related injury if the delivering physician is not a participant.

The Florida Patient Compensation Fund is a system of state­sponsored excess insurance for medical malpractice liability. Under this Fund, hospitals are required to participate in the fund by paying a yearly fee and obtaining primary insurance (or otherwise demonstrating financial responsibility) of $250,000 per claim or $500,000 per occurrence (which is indexed for inflation after January 1, 1990). Hospitals operated by units of government or meeting certain financial responsibility requirements ($2,500,000 of insurance coverage) are exempt. These "entry level" amounts also apply to physicians who choose to participate in the fund. The fund then affords coverage to its participants, other than hospitals, of either $1,000,000 per claim with a $3,000,000 annual aggregate, or $2,000,000 per claim with a $4,000,000 aggregate. A hospital's limits under the fund are $2,500,000 per claim with no annual aggregate. A participating health care provider still remains liable for damages in excess of the fund's coverage and for punitive damages. The entry­level insurer is responsible for providing a defense.

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: 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: 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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