State

Statutes of Limitation

Limits on Damage Awards

Pre-trial Screening and Arbitration

Florida

§95.11. 2 years from injury or discovery, no more than 4 years from injury. Minors: age 8. If fraud, concealment of injury or intentional misrepresentation prevented discovery within 4-year period, 2 year limit from discovery, not to exceed 7 years after the act.

§766.118. Non-economic damages limited to $500,000 per claimant. Death or permanent vegetative state, non-economic damages not to exceed $1 million.

§768.73. Punitive damages limited to the greater of 3 times amount of economic damages or $500,000. If deliberate intent to harm, no limit on punitive damages.

§766.106. Pre-suit investigation and informal discovery conducted by defendant's insurer prior to submission to courts.

§766.107. Court may require submission of claim to arbitration, non-binding, limits on what is admissible at trial

§766.108. Mandatory mediation and mandatory settlement conference held prior to trial if no binding arbitration agreed to.

Joint and Several Liability

Expert Witnesses

Florida Malpractice Attorney Fees

Patient Compensation or Stabilization Fund

§768.81. Defendants are proportionally liable according to percentage of fault for damages awarded, monetary limits in liability according to percentage as level of fault increases.

§766.102. Expert testimony by licensed physician in same practice or practicing for 5 years before claim filed.

Florida Ballot, 2004 Election. Constitutional amendment adopted, effective immediately. Limits attorney fees in malpractice lawsuits to 30% of first $250,000; 10% of any award over $250,000.

§766.102. Patient's Compensation Fund and Birth Related Neurological Compensation Fund fully outlined and enacted; however, provisions never implemented.