Health Justice Transformation - Florida

The Center for Health Transformation closely follows and monitors health justice transformation efforts in all 50 states. The information listed below provides state-specific measures which have been adopted in each of the states. In order to assist key decision-makers and local leaders, we have provided detailed information on seven transformational areas commonly addressed in health justice transformation and civil justice reform legislation.

Caps on Non-Economic (Pain and Suffering) Damages

MDs: $500,000 cap on non-economic damages. Non-practitioners: $750,000 cap on non-economic damages. The cap increases to $1 million in non-economic damages if negligence results in death or vegetative disability.

Joint Liability for Multiple Defendants

Yes. Defendants are responsible only for their proportional share of negligence.

Disclosure or Discoverability of Collateral Sources of Income or other Insurance Benefit

Yes and the court must reduce damages by amounts paid to plaintiff by collateral sources.

Provisions for the Periodic Payment of Damages Over Time Fees

Yes, for future economic awards exceeding $250,000.

Limitation of Plaintiff’s Attorneys Fees

Patients must receive 70% of the first $250,000 awarded and 90% of the remainder of the award. Attorneys can receive payment for court costs and expert witness fees.

Provisions for Mandatory or Voluntary Arbitration and/or Mediation Procedures Judges may refer cases to non-binding arbitration. Within 120 days after a suit is filed, all parties must attend mediation in person. The time in which mediation must take place may be extended if agreed to by all of the parties. An arbitration panel may be used to determine damages. This process is activated following a pre-suit process, which finds reasonable grounds for medical negligence, where the defendant makes an offer of admission of liability, and where both parties agree to submit the determination of damages to the arbitration panel. The cap on non-economic damages applies.

Standards for Expert Testimony/Witness

Expert testimony is required to prove breach of the standard of care, unless the facts of the case allow an obvious demonstration of negligence to the lay person. Expert testimony must be provided by a licensed health care provider who practices in the same or similar specialty as the defendant. If the defendant is a specialist, the expert must have practices in the same or similar specialty for the past three years in active clinical practice, teaching or in a clinical research program. If a health care provider is a general practitioner, the expert must have practiced in the same or in a similar specialty for the past five years in an active clinical practice, teaching or in a clinical research program.