Are There Medical Malpractice Damage Caps in Florida?

November 8, 2016 / 5:27 am

Miami Personal Injury Attorney on Medical Negligence Damages

In the state of Florida, victims of medical malpractice are able to recover damages for the economic damages that they suffer as a result, such as lost wages and future medical bills. However, they are also allowed to recover what is called non-economic damages, or damages for pain and suffering – but unfortunately for victims of medical negligence, these damages are subject to caps under Florida law. In this video, Miami medical malpractice attorney Joe Kalbac explains damage caps and what medical negligence victims are entitled to recover. Our law offices in Miami serves medical malpractice clients nationwide.

Video Transcription

What are the recoverable potential damages in a medical negligence case? Well, they’re like any other personal injury or wrongful death case, except that here in Florida and in many states around the country, nationally, so to speak, there have been caps put on medical negligence cases. That’s why it’s very important to do a thorough investigation of the case before we decide to file a lawsuit to make sure that the time and money justifies going forward in the event that a cap does fall into place. The laws get passed and change from year to year, oftentimes, and so depending on when your particular case came to pass, we would have to look at that particular laws and statutes in effect at that time. For a non-catastrophic personal injury case, right now, the pain and suffering, or the non-economic cap, is $250,000 but that is applicable to each particular at-fault party. There are other caps involving hospitals and more catastrophic cases which may range from $500,000 per practitioner to $1 million per hospital or clinic. Contact our lawyers at 305-476-7400 or contact our website at Colson.com for more information.

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The U.S. Attorney’s Office for the Southern District of Florida has launched a new Whistleblower Non-Prosecution Pilot Program. It reinforces the recent efforts of the Department of Justice Criminal Division’s new Corporate Whistleblower Awards Pilot Program.

The local pilot program offers non-prosecution agreements in exchange for the early and voluntary self-disclosures of criminal conduct.  The Department’s pilot program offers financial rewards to a whistleblower who provides original and truthful information about corporate misconduct that results in a successful forfeiture.  

Both pilot programs require the prompt disclosure of truthful and complete information.   

At Colson Hicks Eidson, our attorneys have advised and represented clients across the full range of internal investigations, government inquiries, enforcement actions, whistleblower actions, and civil and criminal trials.  For further information, contact us at 305-476-7400 or info@colson.com.

MIAMI (June 24, 2024) – Colson Hicks Eidson announced today that six of its attorneys have been named in the 2024 edition of Florida Super Lawyers. Stephanie Casey, Dean Colson, Joseph J. Kalbac, Jr., Julie Braman Kane, and Curtis Miner have been named Super Lawyers. Zachary Lipshultz has been recognized as a Rising Star.

Super Lawyers uses a rigorous screening process including independent research, peer nominations, and evaluations to rate lawyers. Only 5 percent of lawyers in Florida are rated by Super Lawyers, and no more than 2.5 percent of lawyers under 40 or with fewer than 10 years of practice are selected as Rising Stars.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

MIAMI (June 13, 2024) – Colson Hicks Eidson has been recognized as one of the top three trial law firms in Florida in the “Litigation: Mainly Plaintiffs” category by the respected Chambers and Partners USA Legal Guide for the fourth year in a row. In addition, five of the Miami-based firm’s attorneys were also ranked individually.

“These rankings highlight the commitment and hard work of our attorneys, showcasing our firm’s capability to manage diverse cases for our clients,” said Dean Colson. “As the South Florida business landscape evolves, we remain committed to serving new clients while upholding the same standard of excellence that has defined our firm for 55 years.”

Stephanie Casey, Julie Braman Kane, Curtis Miner, Roberto Martínez, and Mike Eidson were all ranked individually for their work in the “Litigation: Mainly Plaintiffs” category. Miner received the top ranking (Band 1) and Eidson was named “Senior Statesperson” in “Litigation: Mainly Plaintiffs.” Martínez was named “Senior Statesperson” in two categories: “Litigation: Mainly Plaintiffs” and “White Collar Crime and Government Investigations.”

The rankings are a result of the firm’s exceptional track record of securing multimillion-dollar judgments and settlements for its clients in areas that include commercial litigation, medical malpractice, products liability, class actions, multidistrict litigation, and aviation and automobile accidents.

To schedule a consultation, do not hesitate to contact an attorney at our law office. We have experience in a wide variety of cases for clients located throughout the nation and around the globe.

About Colson Hicks Eidson

Colson Hicks Eidson is a renowned law firm based in Miami, Florida, that is recognized as one of the top trial firms in the United States. Built on a foundation of over 50 years of dedication forging strong client relationships, Colson Hicks Eidson handles local, national, and international litigation, with cases spanning from Miami, Florida, and throughout the United States, to matters in the Caribbean, Central America, South America, and Europe. Learn more at: www.colson.com.

Colson Hicks Eidson lawyers Thomas Kroeger and Zachary Lipshultz secured a $3 million damages award for a family of four who suffered significant trauma when a defective lithium-ion battery-powered scooter exploded and burned down their townhome. The family lost all of their possessions and endured significant emotional distress after being exposed to the fire and smoke.

On June 21, 2021, the electric scooter sold by Miami-based Defendant Hypertoyz exploded in the family’s foyer, quickly engulfing their home in fire. Everyone managed to escape amid the smoke and fire, but the family’s townhome was gutted in the blaze, destroying their possessions and forcing them to relocate.

A Federal District Court for the Southern District of Florida recently awarded all four family members compensatory damages totaling $3 million.

Colson Hicks Eidson, P.A. and co-counsel BartlettChen LLC filed a complaint on behalf of a three-generation family who experienced a harrowing near-death incident on a United Airlines flight. The event occurred due to a miscommunication between the Captain and First Officer, resulting in the plane suddenly losing altitude and plunging toward the Pacific Ocean, coming within seconds of crashing and subjecting the passengers to extreme G-forces and terror.

The incident took place on Dec. 18, 2022 when three generations of the family boarded United Airlines Flight 1722 from Maui, Hawaii to San Francisco, California after a long-planned family vacation.

Shortly after takeoff during heavy rain, the Captain asked the First Officer to reset the wing flaps, but the First Officer heard “15” instead of “five,” according to the National Transportation Safety Board (NTSB).  The NTSB concluded that the probable cause of the incident was “the flight crew’s failure to manage the airplane’s vertical flightpath, airspeed, and pitch attitude following a miscommunication about the captain’s desired flap setting during the initial climb.”

“To some extent, encounters with bad weather or turbulence are unavoidable when you fly, but no passenger should ever have to endure such a terrifying experience due to pilot error while traveling on a routine commercial flight.” Curtis Miner, Counsel for Plaintiffs said. “Our clients’ entire, three-generation family was subjected to this terrifying, near-miss incident.  We are committed to seeking justice and fair compensation on their behalf.'” Austin Bartlett, Counsel for Plaintiffs, commented: “This nearly catastrophic flight was horrific and traumatic. The Maltz family and all airlines passengers deserve better.”

The complaint was filed in the Circuit Court of Cook County, Illinois where United Airlines is headquartered.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation firm serving clients in local, national, and international matters. Our multilingual team of highly experienced attorneys is dedicated to providing our clients with top-tier legal representation backed by a commitment to hard work, creative thinking, responsiveness, and professionalism. From our offices in Miami, we have handled a broad range of significant legal matters around the world for over 50 years.

About BartlettChen LLC

Based in Chicago, BartlettChen LLC represents individuals in aviation, wrongful death, and immigration matters across the nation and internationally. Austin Bartlett of BartlettChen has practiced aviation law for more than two decades and brings the unique perspective of a former aviation defense attorney to help victims and their families secure full compensation for their losses.

Colson Hicks Eidson is pleased to announce that nine attorneys have been named in the 2024 Lawdragon 500 Leading Plaintiff Consumer Lawyers. Lawyers for this guide are selected through Lawdragon’s process of independent journalistic research and submissions.  Their selection process emphasizes lawyers who have demonstrated consistent excellence and have made notable impacts in their fields.

Click here to read the full guide.

The Firm’s recognized attorneys are listed below.

About Colson Hicks Eidson

Colson Hicks Eidson is a boutique litigation law firm based in Miami, Florida, serving clients in local, national, and international matters across multiple languages. Practice areas include complex civil and commercial litigation, catastrophic personal injury, medical negligence, product liability, class action, mass tort, and white-collar criminal defense for the most serious and challenging of cases.  Since 1971, the firm and its lawyers have consistently worked to be respected by the state and federal judiciary – securing numerous multimillion-dollar verdicts, judgments, and settlements on behalf of clients. Learn more at www.colson.com.