Florida Medical Malpractice Settlement Calculator
Estimate FL medical malpractice settlement — NO non-economic cap (Estate of McCall 2014 struck down), 2-year SOL + 4-year repose, 90-day pre-suit + expert affidavit required
Florida medical malpractice claims are governed by Fla. Stat. §766.106 (Pre-Suit Notice + Investigation): 90-day mandatory investigation period + certified mail Notice of Intent + pre-suit expert affidavit. Of the 5 landmark Florida medical malpractice awards documented on this page, the largest is $100M (Circumcision negligence; 2025).
⚖ FL Med Mal: NO caps (Estate of McCall 2014 + Kalitan 2017). 2-year SOL + 4-year repose. HB 837 medical billing evidence (amounts paid not billed). §768.21(8) adult-child wrongful death challenged.
Your Injury
Your Estimated Settlement
$36,000 — $66,000
Pain and suffering = $15,000 in medical bills × 3.0 severity multiplier. Your bills are already included in that figure, so they are not added again.
What you'd actually take home
- Estimated settlement
- $51,000
- Attorney fee (33–40%)
- −$17,000 to −$20,400
- Roughly yours
- $30,600 – $34,000
Not included: case costs (court filing, expert witnesses, medical records) and any medical liens or health-insurance reimbursement. Those come out of your share too, so treat the figure above as an upper bound.
Keep this estimate — it is gone when you close the tab.
How Your Estimate Compares
Based on 529,804 medical malpractice payments reported to the National Practitioner Data Bank (2000–2025):
Source: NPDB analysis of the HRSA National Practitioner Data Bank, Public Use Data File, 2000-2025 payment reports. Malpractice cases only. Payments are range-coded; midpoints used for calculations.
Editorially Reviewed — Content reviewed for accuracy using published legal research, government data, and verified court records. See our methodology
Reviewed by Leonard Goldberg, Editor
Florida Medical Malpractice — Caps Struck Down
Florida is one of the most complex med-mal states. Estate of McCall v. United States (2014) and North Broward Hospital v. Kalitan (2017) — the Florida Supreme Court struck down non-economic damage caps as unconstitutional violations of equal protection. As of 2026, there are NO caps on non-economic damages in Florida med-mal cases.
SOL: 2 years from discovery under Fla. Stat. §95.11(5)(c). Statute of repose: 4 years from the date of the negligent act (absolute bar except fraud/concealment, which extends to 7 years). Pre-suit mandatory notice (§766.106): Notice of Intent (NOI) served on each defendant via certified mail, 90-day mandatory investigation/waiting period (tolls SOL), expert affidavit required BEFORE NOI is sent.
HB 837 (2023) added procedural changes but EXPLICITLY EXEMPTED most med-mal rules from its modified comparative negligence and medical billing evidence changes. EXCEPTION: new medical billing evidence rules (§768.0427) DO apply to med-mal cases filed after March 24, 2023 — juries see amounts actually PAID (not billed), reducing perceived damages. §768.21(8) wrongful death restriction: adult children + parents of deceased adults CANNOT recover for lost companionship/mental pain in med-mal wrongful death cases — being actively CHALLENGED in FL courts 2025-2026.
Key FL Med-Mal Statutes
FL med-mal operates under complex pre-suit + evidentiary rules:
Fla. Stat. §766.106
Pre-Suit Notice + InvestigationStandard: 90-day mandatory investigation period + certified mail Notice of Intent + pre-suit expert affidavit
Scope: Missing pre-suit requirements = fatal to case
Fla. Stat. §95.11(5)(c)
SOLStandard: 2 years from discovery, 4 years statute of repose
Scope: Fraud/concealment extends to 7 years
Estate of McCall (2014) + North Broward Hospital v. Kalitan (2017)
Damage Caps Struck DownStandard: NO cap on non-economic damages
Scope: FL Supreme Court found caps unconstitutional on equal protection grounds
Fla. Stat. §768.21(8)
Adult Child Wrongful Death ExclusionStandard: Adult children + parents of deceased adults CANNOT recover for lost companionship in med-mal wrongful death
Scope: Severely restricts non-economic recovery in death cases
Status: Actively challenged in FL courts 2025-2026
Recovery Structure
Economic damages: medical, lost wages, future care — recoverable. HB 837 billing evidence rules reduce perceived damages (amounts PAID, not billed). Non-economic damages: NO cap (Estate of McCall + Kalitan). Punitive damages: available; same §768.73 cap framework as other FL PI. Comparative fault: med-mal retains PURE comparative negligence (HB 837 51% bar does NOT apply to med-mal). Wrongful death: adult children + parents of deceased adults CANNOT recover lost companionship under §768.21(8) — actively challenged. Collateral source: modified under §768.76 — reduces post-verdict by insurance payments minus premiums.
Pre-Suit + Evidence Rules
Pre-suit (§766.106): NOI + 90-day investigation period + pre-suit corroborating expert affidavit. If defendant rejects, suit can be filed within 60 days or remainder of SOL (whichever longer). Missing pre-suit requirements is FATAL. Expert affidavit: required BEFORE NOI. Must address standard of care + causation. Stricter than NY/CA but less formalized than IL (§5/2-622 at filing) or TX (§74.351 120-day report). HB 837 billing evidence (§768.0427): applies to med-mal — juries see amounts paid, not billed. Reduces economic damages claims. §768.21(8) wrongful death bar: adult children + parents excluded — pending constitutional challenge could expand recovery significantly.
Damage Caps (None, Post-McCall)
NO cap on non-economic damages (Estate of McCall 2014 + Kalitan 2017). NO cap on economic damages. Punitive damages: capped at greater of 3× compensatory OR $500K under §768.73 (same as general FL PI). Wrongful death: §768.21(8) excludes adult children + parents from recovering for lost companionship/mental pain — actively challenged. Collateral source modified under §768.76 — damages reduced by insurance payments minus premiums. Government entities: $200K per person / $300K per incident under FL Tort Claims Act (§768.28).
FL Med-Mal Verdicts + Averages
FL jury verdicts are unpredictable without caps — wide range of outcomes:
| Amount | Year | Case / Injury |
|---|---|---|
| $100M | 2025 | Circumcision negligence — Catastrophic |
| $45M | 2025 | Wrongful death / hospital failure |
| $30M | 2024 | Crohn's misdiagnosis |
| $1.3M | — | |
| $320K | — |
Florida Medical Malpractice FAQs
Does Florida really have no cap on medical malpractice damages?
Correct — Estate of McCall v. United States (2014) + North Broward Hospital v. Kalitan (2017) struck down non-economic damage caps as unconstitutional. NO cap on non-economic or economic damages. Punitive damages capped at 3× compensatory OR $500K (§768.73). FL has become a plaintiff-friendly med-mal jurisdiction, though pre-suit procedural requirements (§766.106) + HB 837 billing evidence rules create hurdles.
What is the §766.106 pre-suit process?
Mandatory 90-day pre-suit investigation period before filing: (1) plaintiff serves Notice of Intent (NOI) on each defendant via certified mail, (2) must include pre-suit corroborating expert affidavit addressing standard of care + causation, (3) defendant has 90 days to investigate + respond (tolls SOL). If defendant rejects, suit filed within 60 days or remainder of SOL (whichever longer). Missing pre-suit is FATAL. Start consultation with med-mal attorney months before SOL expires.
How does HB 837 affect medical malpractice cases?
Partially. HB 837 modified comparative negligence (51% bar) + SOL reduction DO NOT apply to med-mal (pure comparative retained; 2-year SOL already applied). BUT the medical billing evidence rule (§768.0427) DOES apply to med-mal filed after March 24, 2023 — juries see amounts actually PAID, not billed. Reduces perceived economic damages for insured plaintiffs. Letters of protection evidentiary rules also tightened. §768.21(8) wrongful death restriction (adult children + parents barred from non-econ recovery) significant for death cases but actively challenged.
What is the Florida med-mal SOL?
2 years from discovery under §95.11(5)(c). Statute of repose: 4 years from act — absolute bar except fraud/concealment (extends to 7 years). Minors: 8 years from incident OR until age 8, whichever longer. Pre-suit tolling under §766.106 applies. Start early — pre-suit process consumes months before litigation filing.
What are typical Florida medical malpractice settlement values?
Individual provider average: ~$320K. Facility-level cases average: ~$1.31M. Total FL claims paid 2024: ~$204M across 670 claims. Trial verdicts: Florida juries unpredictable without cap. Recent examples: $100M (2025 circumcision negligence); $45M (2025 wrongful death/hospital); $30M (2024 Crohn's misdiagnosis); $4-5M (moderate malpractice with substantial damages). Post-cap-strike-down, FL is competitive with NY/IL for verdict size though pre-suit burden remains.
Pending FL Med-Mal Issues
Active legal developments (as of October 2026):
- Sec. 768.21(8) still bars adult children, and parents of adult children, from recovering pain-and-suffering damages when the death arises from medical negligence. A repeal cleared both chambers in 2025 and was vetoed on May 29, 2025; HB 6003 then passed the House 88-17 on Jan. 15, 2026 and died in Senate Rules on March 13, 2026.
- HB 837 (2023) modified comparative negligence 50% bar does NOT apply to med-mal (pure comparative retained), but §768.0427 medical billing evidence rules DO apply.
- Florida has no enforceable cap on med-mal pain-and-suffering damages - the Supreme Court struck Sec. 766.118 for wrongful death in Estate of McCall (2014) and for personal injury in North Broward Hospital District v. Kalitan (June 8, 2017). The statute still prints $500,000 and $750,000, so the text on the books misleads; what a case is worth is left to the jury.
Informational only — consult a licensed attorney for case-specific advice.
Primary Sources
- www.leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0766/Sections/0766.106.html
- www.flsenate.gov/Session/Bill/2023/837/Analyses/h0837z.CJS.PDF
- marshalldennehey.com/articles/florida-tort-reform-impact-house-bill-837-health-care-litigation
- www.sdlitigation.com/blog/average-medical-malpractice-settlement-in-florida
Other State Medical Malpractice Calculators
New York
NO caps, 2.5-yr SOL, Lavern's Law cancer exception, $595M 2024 (highest US)
California
MICRA 2026: $470K/$650K caps phasing to $750K/$1M by 2033
Texas
$250K/$750K hard caps never inflation-adjusted, §74.351 expert report fatal
Illinois
NO caps post-Lebron 2010, §5/2-622 expert affidavit at filing, Cook County
Pennsylvania
NO caps (constitutional bar Art. III §18), MCARE Act, 2-yr SOL
Ohio
$250K/$500K caps (R.C. §2323.43), 1-yr SOL, affidavit of merit
New Jersey
NO general cap, $350K punitive cap, Affidavit of Merit Statute
Michigan
$521K/$929K caps (MCL §600.1483), 6-mo notice + 182-day pre-suit
Washington
NO caps (Sofie 1989), 3-yr SOL, certificate of merit RCW §7.70.150
Georgia
NO non-economic cap (Nestlehutt 2010), $250K punitive cap, 2-yr SOL + 5-yr repose, OCGA §9-11-9.1 affidavit required
North Carolina
$712,847 cap (CPI-indexed), PURE CONTRIBUTORY (any fault = $0), 3-yr SOL + 4-yr repose, Rule 9(j) certification
Arizona
NO cap (Constitution Art. 2 §31), 2-yr SOL no repose, pure comparative negligence, Banner $31.5M 2024
Massachusetts
$500K cap (NOT inflation-indexed, jury-lifted exceptions), Tribunal §60B, 3-yr SOL + 7-yr repose, modified comparative 51%
Virginia
$2.70M TOTAL cap (combined econ+non-econ), PURE CONTRIBUTORY (any fault = $0), 2-yr SOL + 10-yr repose, §8.01-20.1 certification
Colorado
$530K cap (2026, rising to $875K by 2029 under HB24-1472), Banner Health v. Gresser 2025 = $39.8M cap-exceedance, 2-yr SOL + 3-yr repose, modified comparative 50%
Maryland
$920K cap (2026, +$15K/yr fixed from 2009 $650K base), MANDATORY HCADRO pre-suit arbitration, 3-yr SOL or 5-yr repose (earlier of), Certificate of Qualified Expert §3-2A-04(b)
Missouri
Dual cap $481K non-cat / $842K cat (2026, +1.7%/yr). Original cap struck Watts 2012, reinstated 2015 as statutory cause. 2-yr STRICT occurrence (no discovery rule). Pure comparative fault.
Minnesota
NO cap. 4-year SOL (§541.076(b)); a 2026 bill to cut it to 2 years has not passed. Mandatory 2-affidavit expert system §145.682. Modified comparative 50%. Thapa $111M (2022) largest MN history, reduced to $11.25M.
Indiana
$1.8M TOTAL cap (provider $500K + PCF $1.3M). PURE CONTRIBUTORY for qualified providers (any fault = $0). Mandatory 3-doctor review panel pre-suit. 2-yr strict occurrence (no discovery rule).
Main Medical Malpractice Calculator
Nationwide med-mal overview
Other Calculators for Florida
Each Florida calculator reflects state-specific laws (caps, statutes of limitations, comparative-negligence rules) and uses Florida verdict data where available.