When a medical mistake causes serious injury, the harm is not limited to hospital bills and lost wages. Many Florida patients also endure lasting physical pain, emotional distress, loss of enjoyment of life, and permanent disability. These losses fall under pain and suffering damages, a critical—but often misunderstood—part of Florida medical malpractice claims.
This guide explains what pain and suffering damages are, how Florida law treats them, and what injured patients and families should know before pursuing a medical malpractice case.
What Are Pain and Suffering Damages?
Pain and suffering damages are considered non-economic damages. Unlike medical bills or lost income, they compensate for losses that don’t come with a receipt but deeply affect a person’s quality of life.
In Florida medical malpractice cases, pain and suffering may include:
-
Chronic physical pain
-
Mental anguish, anxiety, or depression
-
Emotional trauma
-
Loss of enjoyment of life
-
Disfigurement or scarring
-
Permanent impairment or disability
-
Loss of companionship or intimacy
For many patients, these damages represent the most devastating consequences of medical negligence.
When Can You Recover Pain and Suffering in Florida?
Not every bad medical outcome qualifies. To recover pain and suffering damages in Florida, a patient generally must prove:
-
Medical negligence occurred (the provider fell below the accepted standard of care)
-
The negligence caused injury
-
The injury resulted in significant harm, beyond minor or temporary discomfort
Examples where pain and suffering damages are commonly pursued include:
-
Surgical errors causing permanent injury
-
IV infiltration or extravasation leading to burns or nerve damage
-
Delayed diagnosis of cancer or infection
-
Birth injuries
-
Medication errors causing organ damage
Are There Caps on Pain and Suffering Damages in Florida?
Florida’s approach to caps on non-economic damages has changed over time.
-
In most medical malpractice cases, the Florida Supreme Court has ruled that strict caps on pain and suffering damages are unconstitutional.
-
As a result, there is no automatic dollar limit on pain and suffering damages in many Florida medical malpractice claims today.
However, special rules may still apply in cases involving:
-
Government-owned hospitals or public entities
-
Claims subject to sovereign immunity limits
Because the law is nuanced, determining whether a cap applies requires a careful legal analysis of the specific healthcare provider and circumstances.
How Are Pain and Suffering Damages Proven?
Since these damages are not tied to invoices, evidence is critical. Common forms of proof include:
-
Medical records documenting ongoing pain or disability
-
Testimony from treating physicians and specialists
-
Expert medical opinions
-
Mental health records or counseling notes
-
Photographs of injuries, scarring, or medical devices
-
Testimony from the patient, family members, and caregivers
The goal is to clearly show how life changed after the malpractice, not just that a mistake occurred.
How Much Is Pain and Suffering Worth in a Florida Case?
There is no formula. Juries and insurers consider factors such as:
-
Severity and permanence of the injury
-
Duration of pain and expected future suffering
-
Age of the patient
-
Impact on daily activities, work, and relationships
-
Whether corrective surgeries or lifelong care are required
Cases involving permanent injury, disfigurement, or lifelong pain often justify substantially higher pain and suffering awards than cases involving temporary harm.
Pain and Suffering in Wrongful Death Medical Malpractice Cases
When medical negligence results in death, Florida law treats pain and suffering differently:
-
Surviving spouses may recover pain and suffering damages
-
Minor children may also recover these damages
-
Adult children and parents face more limited recovery rights
Wrongful death cases involve additional legal rules that make experienced legal guidance especially important.
Why Pain and Suffering Damages Matter
Medical malpractice injuries often affect every aspect of a person’s life—sleep, mobility, independence, relationships, and mental health. Pain and suffering damages exist to acknowledge those real human losses, not just financial ones.
Insurance companies frequently try to minimize or dismiss these damages. Building a strong claim requires detailed evidence, medical experts, and a clear understanding of Florida malpractice law.
Speak With a Florida Medical Malpractice Lawyer
If you or a loved one has been harmed by medical negligence, understanding your right to recover pain and suffering damages is essential. These cases are complex, time-sensitive, and heavily defended by hospitals and insurers.
A Florida medical malpractice attorney can evaluate whether your pain and suffering qualifies for compensation and help pursue the full damages the law allows.
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.
