Medical malpractice in Florida
Chapter 766 and court decisions on caps
Florida medical malpractice cases follow Chapter 766 procedures and relatively short filing windows. Former statutory caps on noneconomic damages were struck down by the Florida Supreme Court. They are not treated as enforceable limits today.
Last reviewed September 22, 2026
- Noneconomic cap
- None
- Usual filing window
- 2 years
- Outer limit
- 4 years
Former statutory caps were struck down and are not enforceable
From the incident or from discovery
Longer, up to 7 years, if concealment prevented discovery
Damage caps
There is currently no enforceable statutory noneconomic damages cap for ordinary medical negligence claims after McCall and Kalitan. Economic damages were not the focus of those former caps.
Not capped
Economic damages
The former noneconomic cap statute did not limit economic losses such as medical bills and lost wages. Those losses are still not limited by that struck-down statute.
Not enforceable
Noneconomic damages
Florida does not have an enforceable statutory cap on noneconomic damages for an ordinary medical negligence claim. A former cap statute may still appear in compilations of the Florida Statutes. The Florida Supreme Court held it unconstitutional.
Do not rely on the old statutory schedule as a current limit. The amounts in that former statute are not treated as enforceable law on this page.
Estate of McCall v. United States. In 2014, the Florida Supreme Court held the wrongful death noneconomic caps unconstitutional. In 2017, North Broward Hospital District v. Kalitan extended that reasoning to personal injury caps. Section 766.118 may still appear in statute books. This page does not treat those caps as enforceable limits.
Filing deadlines
File within two years of the incident or discovery, and usually no later than four years from the incident. Limited extra time applies if concealment prevented discovery. Notice before suit under section 766.106 pauses the clock during the investigation period.
- General rule
A medical malpractice action must be started within two years from the incident, or from discovery, or from when the injury should have been discovered with due diligence.
- Outer limit
The claim is generally no later than four years from the incident. If fraud, concealment, or intentional misrepresentation prevented discovery, the outer limit can run up to seven years.
- Minors
The statute gives special protection to certain claims by minors, including an action on or before the child's eighth birthday in specified situations.
- Notice before suit
Chapter 766 requires a notice of intent and a presuit investigation period before suit.
Serving the notice pauses the filing deadline during the 90-day presuit period and related extensions.
What cases often look like
These notes describe public legal patterns. They are not case counts, win rates, or rankings.
The caps were struck down in two steps
McCall rejected the wrongful death noneconomic caps. Kalitan extended that reasoning to personal injury caps. That sequence is the defining modern pattern.
North Broward Hospital District v. Kalitan (opens in a new tab)
Presuit screening shapes the case
Florida practice depends on Chapter 766 notice, a presuit investigation, and expert corroboration. The notice also pauses the filing deadline.
Some birth injuries follow a different track
Certain neurological birth injuries may fall under the Birth-Related Neurological Injury Compensation Association program in Florida Statutes sections 766.301 through 766.316. That program is a special track. It is not an ordinary medical negligence claim. Confirm whether it applies before treating a birth injury as a standard malpractice case.
Payout context
Payment amounts vary by year, injury, and setting. This page does not state an average payout, a median, or a case count. To predict the payout for a Florida case, use MedMalPredict AI - Medical Malpractice Outcome Prediction.
After the caps were struck down, public legal commentary describes greater noneconomic exposure than under the former statute. This page does not state how averages changed, and it does not state a count of cases.
Sources
Official statute and agency pages checked September 22, 2026. First research pass on September 22, 2026. This summary still needs legal review before it is treated as legal advice. Section 766.118 may still appear in statute books. The Florida Supreme Court held the noneconomic caps unconstitutional in McCall and Kalitan. This page does not treat those caps as enforceable.
- Fla. Stat. § 95.11 (opens in a new tab)Accessed September 22, 2026
- Fla. Stat. § 766.106 (opens in a new tab)Accessed September 22, 2026
- Estate of McCall v. United States (Florida Supreme Court opinion) (opens in a new tab)Accessed September 22, 2026
- North Broward Hospital District v. Kalitan (Florida Supreme Court opinion) (opens in a new tab)Accessed September 22, 2026
- Kalitan opinion, HTML copy (opens in a new tab)Accessed September 22, 2026
Review a case with MedMalPredict
Use MedMalPredict to organize records and timelines. Speak with a Florida attorney about how Chapter 766, the filing deadlines, and the McCall and Kalitan decisions apply to your facts.