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: 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