Are there caps on the amount of damages recoverable in malpractice actions?
Florida Statutes §766.118, limits non-
However, there are other situations in which the amount of non-
First, if during the presuit screening procedures, a prospective defendant offers
to admit liability and submit to binding arbitration then damages will be capped
as to that defendant. If the patient accepts the offer and proceeds to binding arbitration,
the cap on non-
The second instance in which damages are capped is a certain class of cases in which infants receive brain damage during the birth or delivery process. Under the Neurological Injury Compensation Act, which applies in these cases, intangible damages are generally limited to $100,000.00. However, it is not necessary to prove fault.
The third area in which damages are capped is in cases in which governmental bodies or their employees or agents are sued Under Florida’s Waiver of Sovereign of Immunity Act, Florida Statutes, §768.28, the most that can be recovered against a governmental entity, without the legislature passing a special claims bills, or the governmental entity agreeing to a higher settlement, is $200,000.00 per claimant and $300,000.00 per occurrence.