Statute of Limitations
- 4 years with Discovery Rule. (Florida Statutes Annotated Title VIII (Limitations), Chapter 95 (Limitations of Actions; Adverse Possession), §95-11 – Limitations other than the recovery of real property)
- Medical malpractice – 2 years with Discovery Rule, but no action may be brought more than four years after the incident giving rise to the action. Minor under age eight must bring suit by eighth birthday or within SOL, whichever is greater. (Florida Statutes Annotated. Title VIII (Limitations), Chapter 95 (Limitations of Actions; Adverse Possession), §95-11 – Limitations other than the recovery of real property)
Damages Cap
- Noneconomic damages for negligence of practitioners: May not exceed $500,000 per claimant, regardless of number of practitioner defendants. If negligence resulted in permanent vegetative state or death, total noneconomic damages may not exceed $1 million. In cases not involving permanent vegetative state or death, claimant may recover noneconomic damages not to exceed $1 million if: trial judge determines that manifest injustice would occur unless increased economic damages are awarded based on finding that noneconomic harm was particularly severe and trier of fact determines that negligence caused catastrophic injury to patient. (Fla. Stat. Ann. Title XLV (Torts), Chapter 766 (Medical Malpractice and Related Matters), §766.118 – Determination of noneconomic damages)
- Noneconomic damages for negligence of nonpractitioners: Noneconomic damages may generally not exceed $750,000. If negligence resulted in permanent vegetative state or death, damages may not exceed $1.5 million. In cases that do not involve death or permanent vegetative state, claimant may recover noneconomic damages not to exceed $1.5 million under specific circumstances. (Fla. Stat. Ann. Title XLV (Torts), Chapter 766 (Medical Malpractice and Related Matters), §766.118 – Determination of noneconomic damages)
- Punitive damages – Cap is there times compensatory damages or $500,000, unless plaintiff demonstrates to court by clear and convincing evidence that a greater award is not excessive.
(Fla. Stat. Ann. Title XLV (Torts), Chapter 768 (Negligence), §768.73 – Punitive damages; limitation)
Statute of Limitations
- 2 years from date of death. (Fla. Stat. Ann. Title VIII (Limitations), Chapter 95 (Limitations of Actions; Adverse Possession), §95-11 – Limitations other than the recovery of real property)
Damages Cap
- Noneconomic damages for negligence of practitioners: May not exceed $500,000 per claimant, regardless of number of practitioner defendants. If negligence resulted in permanent vegetative state or death, total noneconomic damages may not exceed $1 million. In cases not involving permanent vegetative state or death, claimant may recover noneconomic damages not to exceed $1 million if: trial judge determines that manifest injustice would occur unless increased economic damages are awarded based on finding that noneconomic harm was particularly severe and trier of fact determines that negligence caused catastrophic injury to patient.
(Fla. Stat. Ann. Title XLV (Torts), Chapter 768 (Negligence), §768.21 – Damages) - Noneconomic damages for negligence of nonpractitioners: Noneconomic damages may generally not exceed $750,000. If negligence resulted in permanent vegetative state or death, damages may not exceed $1.5 million. In cases that do not involve death or permanent vegetative state, claimant may recover noneconomic damages not to exceed $1.5 million under specific circumstances.
(Fla. Stat. Ann. Title XLV (Torts), Chapter 766 (Medical Malpractice and Related Matters), §766.118 – Determination of noneconomic damages) - Punitive damages – Cap is there times compensatory damages or $500,000, unless plaintiff demonstrates to court by clear and convincing evidence that a greater award is not excessive.
(Fla. Stat. Ann. Title XLV (Torts), Chapter 768 (Negligence), §768.73 – Punitive damages; limitation)
- Nursing Homes and Related Health Care – (Fla. Stat. Ann. Title XXIX (Public Health), Chapter 400 (Nursing Homes and Related Health Care Facilities), Part I (Long-Term Care Facilities: Ombudsman Program) and Part II (Nursing Homes))
- Minimum Standards for Nursing Homes (Agency for Health Care Administration, Health Facility and Agency Licensing – 59A-4: Minimum Standards for Nursing Homes)
- Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults – (Fla. Stat. Ann. Title XLVI (Crimes), Chapter 825 (Abuse, Neglect, and Exploitation of Elderly Persons and Disabled Adults))
- Adult Protective Services – (Fla. Stat. Ann. Title XXX (Social Welfare), Chapter 415 (Adult Protective Services))
Disclaimer:
While we endeavor to keep this website current, the information and laws published here are subject to change. This web site may not immediately reflect such changes, and should not be considered legal advice. Please consult a lawyer if you have a specific legal problem.
more information »About Jonathan Rosenfeld
Jonathan Rosenfeld is a lawyer who represents people injured in nursing homes and long-term care facilities. Jonathan has represented victims of nursing home abuse and neglect throughout Illinois and across the country. Jonathan’s reputation as an aggressive advocate for the…
