If you or a loved one were seriously injured by medical negligence in Florida, you may be wondering how much your case is worth—and whether Florida law limits compensation for pain and suffering. For years, Florida imposed strict non-economic damage caps in medical malpractice cases. Today, many patients are surprised to learn that those caps no longer apply in most cases.
Here’s what Florida consumers need to know.
What Are Non-Economic Damages?
In a Florida medical malpractice case, damages generally fall into two categories:
Economic damages
These include measurable financial losses, such as:
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Past and future medical bills
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Lost wages and reduced earning capacity
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Rehabilitation and long-term care costs
Non-economic damages
These compensate for human losses that don’t come with receipts, including:
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Pain and suffering
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Mental anguish and emotional distress
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Disability or disfigurement
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Loss of enjoyment of life
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Loss of companionship in wrongful death cases
Non-economic damages are often the largest and most meaningful part of a malpractice claim—especially in cases involving permanent injury or death.
Florida’s Former Caps on Non-Economic Damages
For many years, Florida law capped non-economic damages in medical malpractice cases. The limits varied depending on:
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Whether the case involved personal injury or wrongful death
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Whether the defendant was a practitioner or non-practitioner
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Whether the injuries were considered catastrophic
In some cases, caps limited recovery to $500,000–$1 million, even when a jury believed a victim deserved far more.
Are Non-Economic Damage Caps Still Legal in Florida?
In most cases, no.
The Florida Supreme Court ruled that caps on non-economic damages in medical malpractice cases are unconstitutional under Florida law. The Court held that these caps:
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Violate equal protection under the Florida Constitution
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Unfairly burden the most severely injured patients
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Do not actually lower healthcare costs or insurance premiums
As a result, Florida patients are no longer automatically limited by statutory caps on pain and suffering damages in medical malpractice cases.
What This Means for Injured Patients
ā Juries can award full compensation
Judges and juries may now consider the true extent of pain, suffering, and life impact—without an artificial ceiling.
ā Severe injury cases matter more
Patients with catastrophic injuries, permanent disability, or wrongful death claims are no longer penalized simply because their injuries are severe.
ā Each case is evaluated individually
There is no one-size-fits-all limit. Compensation depends on:
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The seriousness of the injury
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Whether the harm was permanent
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How the injury affects daily life and relationships
Are There Any Exceptions or Remaining Limits?
While general caps on non-economic damages are gone, other legal limitations may still apply, including:
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Sovereign immunity limits if the defendant is a public hospital or government entity
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Procedural requirements under Florida’s medical malpractice laws
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Jury scrutiny of whether claimed damages are reasonable and supported by evidence
An experienced Florida medical malpractice attorney can evaluate whether any special limits affect your case.
Why This Matters Before Accepting a Settlement
Insurance companies sometimes still argue as if caps exist, especially when dealing with unrepresented patients. Accepting an early settlement without understanding the current law can result in far less compensation than Florida law now allows.
Final Thoughts
If you were told that Florida law “caps” pain and suffering damages in a medical malpractice case, that information may be outdated or misleading. In most cases today, non-economic damage caps are no longer legal in Florida, giving injured patients a fairer chance at full justice.
If you believe medical negligence caused serious harm, it’s critical to get advice based on current Florida law, not old myths.
Have you or someone you know been injured as a result of medical malpractice? Contact Florida Hospital and Medical Malpractice Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at jp@yourattorneys.com or by text at (305) 929-8935.
