When a patient suffers multiple injuries during a single hospital admission at a government-run facility in Florida, one critical legal question may arise: Do those injuries qualify as “separate incidents” under Florida’s sovereign immunity statute, Fla. Stat. § 768.28? The answer has a direct impact on the damage caps that apply in medical malpractice claims against state or local government healthcare providers.
Understanding Sovereign Immunity and Damage Caps Under § 768.28
Florida Statute § 768.28(5) imposes limits on the amount of damages a plaintiff can recover from a state or local governmental entity. In medical malpractice cases, the per-claimant cap is $200,000, and the aggregate cap per incident is $300,000, unless the Legislature enacts a claims bill awarding more.
A key legal issue in complex malpractice cases is whether multiple injuries suffered during a single hospital stay are considered one incident or separate incidents for purposes of applying these statutory caps.
Defining “Incident” Under Florida Law
The statute does not explicitly define “incident,” but Florida courts have interpreted the term to mean a single, distinct act or occurrence that gives rise to liability. The determination hinges on whether the injuries arose from:
-
One continuous course of negligent conduct (typically one incident), or
-
Multiple, distinct acts of negligence (potentially separate incidents)
Case Law: Interpreting Separate Incidents in Medical Malpractice
Florida courts have explored this issue in various contexts. In University of Miami v. Ruiz, 135 So. 3d 1099 (Fla. 3d DCA 2014), the court examined whether two injuries from the same hospitalization were separate incidents. The court concluded that where injuries stem from distinct acts of negligence—even during the same admission—they may constitute separate incidents, potentially allowing for separate caps.
However, where injuries flow from a single negligent act or decision, courts are more likely to find that a single incident occurred, even if there are multiple resulting harms.
Practical Example
Consider a patient admitted to a public hospital who suffers:
-
Nerve damage from a negligently placed IV, and
-
A surgical site infection from improper sterilization practices.
If each injury can be linked to different sets of facts, conduct, and medical staff, then an argument can be made that each constitutes a separate incident, thereby allowing recovery up to the $300,000 cap for each incident.
Conversely, if the injuries are all the foreseeable result of one negligent policy or continuous course of care, courts may find only one incident occurred, thus capping total recovery at $300,000.
Strategic Considerations in Medical Malpractice Litigation
In medical malpractice lawsuits against sovereign entities such as public hospitals, establishing separate incidents can significantly affect the recoverable damages. Plaintiff’s counsel should:
-
Thoroughly investigate each alleged act of negligence
-
Isolate timeframes, providers, and procedures involved
-
Use expert testimony to distinguish between injuries and causes
-
Cite relevant case law to support the separate incidents theory
Conclusion
Whether a patient’s multiple injuries during a single hospital admission count as separate incidents under § 768.28 is a fact-specific inquiry that can greatly impact case value. Florida courts will examine whether each injury stems from a distinct negligent act or a single chain of negligent conduct. A nuanced understanding of this principle is essential for maximizing recovery in sovereign immunity medical malpractice claims.
If you have questions about filing a medical malpractice claim against a government hospital in Florida, our firm can evaluate your case and help you navigate the complexities of sovereign immunity and damage caps.
Have you or someone you know been injured as a result of hospital 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 [email protected] or by text at (305) 929-8935.
