I am involved in a medical malpractice dispute. I am thinking about suing my doctor for a medical error that he made in my surgery. I have incurred a lot of pain and suffering as a result of what he did. What is the cap on a medical malpractice award in Florida?
What is the cap on a medical malpractice awards in Florida?
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Answer:
In Florida, there is no clear stated numerical dollar amount that malpractice damages cannot exceed. Instead, under Fla. Stat. Ann. § 768.73, punitive damages that are three times your compensatory damages (or higher) are presumed unreasonable.
The court will either reject such damages if they are awarded or will require clear and convincing evidence that the award is reasonable. So, a lot will depend on your particular situation. Your best bet is to talk to an experienced malpractice attorney who can help you determine what your potential damages may be in your litigation.
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Posted by Christy Rakoczy on 02 Apr 2010