You may have read that Florida caps the compensation available for pain and suffering in a medical malpractice case. That’s out of date — and getting it right matters, because it affects how a victim of medical negligence understands what their case may be worth.
The Caps Were Struck Down Years Ago
In 2003, Florida law capped non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) in medical malpractice cases at amounts ranging from $500,000 to $1.5 million depending on the circumstances. Those caps didn’t survive. In McCall v. United States (2014), the Florida Supreme Court struck down the cap as applied to wrongful death medical malpractice cases, finding it violated the state constitution’s equal protection guarantee. In North Broward Hospital District v. Kalitan (2017), the Court extended that ruling to all medical malpractice cases, not just wrongful death. There is currently no cap on non-economic damages in a Florida medical malpractice case.
What HB 837 Actually Changed in 2023
Florida’s 2023 tort reform law (HB 837) made real changes to personal injury law — a 51% comparative-fault bar (with medical malpractice specifically exempted, keeping pure comparative negligence for med mal claims), reforms to bad-faith insurance claims, and new rules about what medical billing evidence juries can see. But it did not reinstate the non-economic damages caps that McCall and Kalitan struck down. For the full picture of what did change, see our guide to Florida’s HB 837 tort reform.
What Is Capped: Damages Against Government Entities
One place caps do still apply is a malpractice claim against a government-run hospital or public provider, where Florida’s sovereign immunity statute (Fla. Stat. § 768.28) limits recovery to $200,000 per person and $300,000 per incident unless the Legislature passes a special claims bill. That’s a narrow exception, not the general rule, and it only applies when the defendant is a government entity.
Why This Matters for Your Case
Because non-economic damages aren’t capped in most Florida medical malpractice cases, a catastrophic injury caused by medical negligence — one that causes permanent disability, chronic pain, or loss of quality of life — can be valued on its actual impact, not squeezed into an artificial ceiling. Proving that value still requires strong medical testimony and a well-documented case, which is exactly where experienced legal representation makes the difference.
The Injury Advocates is a Plantation-based personal injury firm serving Fort Lauderdale, Broward County and South Florida. If you believe you or a loved one was the victim of medical malpractice, call (754) 812-8444 or 833-DARFOOR, or send us a message. The consultation is free and you owe no fees or costs unless we recover for you.
Kweku Darfoor is the founder of The Injury Advocates (Darfoor Law Firm, P.A.), a member of The Florida Bar since 2014, and a Plantation-based personal injury attorney representing seriously injured people and their families across Fort Lauderdale, Broward County, and South Florida. This content is for general information and is not legal advice.
