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★ Florida · medical negligence

Medical negligence settlements
in Florida.

By Reviewed by Abd Shanti, Founder9 min read

Florida has no cap on malpractice pain and suffering. The Supreme Court struck down the wrongful death cap in 2014 and the personal injury caps in 2017, in a case about a woman catastrophically injured during carpal tunnel surgery.

Facts that decide a medical negligence claim in Florida

No capsThe noneconomic caps in § 766.118 for personal injury violate the Equal Protection Clause of the Florida Constitution.North Broward Hospital District v. Kalitan (Fla. 2017)
Wrongful death capsThe caps on wrongful death noneconomic damages were held unconstitutional earlier.Estate of McCall v. United States (Fla. 2014)
Fault in malpracticeThe 2023 51% bar does not apply to medical negligence actions, which keep pure comparative fault.Fla. Stat. § 768.81(6)
Claims against governmentLiability is capped at $200,000 per person and $300,000 per incident; claims must be presented within 3 years.Fla. Stat. § 768.28
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★ FL · reported medical negligence outcomes

What Florida courts have awarded.

Real Florida decisions and verdicts, each linked to the court record or official report.

  • North Broward Hospital District v. Kalitan
    Florida Supreme Court · 2017
    $4,718,011 verdict; caps struck down

    In 2007 Susan Kalitan went to a public hospital for outpatient carpal tunnel surgery under general anesthesia. During intubation a tube perforated her esophagus. The jury found a catastrophic injury, including a severe brain or closed head injury evidenced by a severe episodic neurological disorder, and awarded $4,718,011, with $2 million for past pain and suffering. The trial court applied the caps, and the hospital’s share was further limited by sovereign immunity. The Supreme Court held the caps unconstitutional.

★ FL · medical negligence · in practice

What changes the number here.

What actually moves a medical negligence settlement in Florida.

  1. 1

    Without caps, the full noneconomic award stands against private providers. Kalitan’s case shows how much the caps had been cutting.

  2. 2

    Public hospitals are different. The hospital in Kalitan was a sovereign entity, and its share was limited to $100,000 under § 768.28 at the time.

  3. 3

    Pure comparative fault still applies in malpractice, so a patient’s own fault reduces but does not bar recovery.

  4. 4

    Catastrophic findings matter. The Kalitan jury specifically found a severe brain or closed head injury, which under the old law would have raised the cap and now simply supports the full award.

★ FL · statute of limitations
2 years from date of injury (was 4; reduced by HB 837)

Fla. Stat. § 95.11(4)(a)

★ FL · fault rule
Modified comparative, 51% bar

Modified comparative, recovery barred at 51% claimant fault. Florida changed from pure comparative to modified-51 under HB 837 (2023) for cases accruing on or after 24 March 2023.

★ medical negligence · same region & fault regime

Compare to like jurisdictions.

How Florida's fault rule and limitation period compare to jurisdictions in the same US region and to those running the same fault rule for medical negligence claims.

JurisdictionFault ruleLimitationMedical negligence page
Florida · you are hereModified comparative, 51% bar2 years from date of injury (was 4; reduced by HB 837)—
GeorgiaModified comparative, 50% bar2 years from date of injuryGA · medical negligence →
KentuckyPure comparative negligence1 year for personal injury (one of the shortest in the US)KY · medical negligence →
LouisianaModified comparative, 51% bar1 year (la prescription), extended to 2 years by Act 423 (2024) for tort claims accruing on or after July 1, 2024LA · medical negligence →
MississippiPure comparative negligence3 years from date of injuryMS · medical negligence →
North CarolinaPure contributory negligence3 years from date of injuryNC · medical negligence →
South CarolinaModified comparative, 51% bar3 years from date of injurySC · medical negligence →
HawaiiModified comparative, 51% bar2 years from date of injuryHI · medical negligence →
IllinoisModified comparative, 51% bar2 years from date of injuryIL · medical negligence →
IndianaModified comparative, 51% bar2 years from date of injuryIN · medical negligence →
IowaModified comparative, 51% bar2 years from date of injuryIA · medical negligence →
IdahoModified comparative, 50% bar2 years from date of injuryID · medical negligence →
KansasModified comparative, 50% bar2 years from date of injuryKS · medical negligence →
★ FL · medical negligence · frequently asked

Common questions.

Each answer is independently coherent and references the relevant statute or authority document.

united states · sister site
Your medical negligence claim in Florida. See the number for your own case.

FairSettlement gives you a free estimate for your own medical negligence case in about two minutes, no cost and no obligation.

Check my case

Sources

Checked 2026-09-29.

★ all of FL
Florida overview

Fault rule, statute, caps, and key facts for Florida as a whole.

★ national frame
Medical negligence in United States

Medical negligence band structure and severity tiers at the US level.

★ all 15 countries
Medical negligence · everywhere

Cross-jurisdiction comparison of medical negligence bands.

★ editorial note

Figures on this page are not quotes for any specific case. For representation, consult an attorney admitted in Florida. See /methodology, /sources, and /disclaimer.