Under Florida law, medical malpractice cases are subject to a complex pre-suit process outlined in Chapter 766, Florida Statutes. One critical component of this process is the statutory offer of arbitration. When such an offer is made by either the claimant or the defendant and subsequently rejected, it can trigger serious legal and financial consequences. Understanding the implications of rejecting a statutory offer of arbitration is essential for both plaintiffs and defendants in Florida medical malpractice litigation.
What Is a Statutory Offer of Arbitration?
A statutory offer of arbitration in a Florida medical malpractice case is a formal proposal made under Fla. Stat. § 766.207 or § 766.209. It allows either the claimant or the defendant to offer binding arbitration to resolve liability and/or damages without proceeding to trial.
What Happens When a Party Rejects the Offer?
The most significant consequence of a defendant rejecting an offer of arbitration is the potential shift in attorneys’ fees. If the defendant rejects the claimant’s offer and the claimant prevails at trial, the defendant shall be required to pay the claimant’s reasonable attorneys’ fees up to 25% of the net jury award.
Conversely, if the claimant rejects the defendant’s offer and proceeds to trial the damages awardable at trial shall be limited to net economic damages, plus noneconomic damages not to exceed $350,000 per incident. .
Accepting Arbitration - Damage Caps and Limitations
Accepting arbitration often results in capped non-economic damages (currently $250,000 per incident) and the requirement of periodic payments for future economic losses. Rejecting arbitration removes these caps, allowing for potentially greater recovery—but with increased risk and cost exposure.
Key Takeaways for Florida Medical Malpractice Litigants
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Evaluate every offer of arbitration carefully with the guidance of an experienced medical malpractice attorney.
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Consider the strength of the case, potential jury verdict range, and financial implications of fee-shifting statutes.
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Understand that rejecting a statutory arbitration offer is not merely procedural—it can fundamentally alter the financial stakes of the case.
Conclusion
Florida’s statutory arbitration framework in medical malpractice litigation plays a powerful role in shaping case outcomes. Rejecting an offer of arbitration may seem like a strategic move, but it often comes with substantial risk, including adverse fee consequences and lost protections. Whether you are a plaintiff or a defendant, it’s vital to weigh your options carefully before deciding to proceed outside the arbitration process.
If you’re involved in a medical malpractice case and have questions about arbitration offers, contact a Florida medical malpractice attorney to protect your rights and avoid costly missteps.
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 [email protected] or by text at (305) 929-8935.
