Florida

Nursing Home Negligence or Abuse

Statute of Limitations Fla. Stat. Ann. § 95.11 (3)(a)
4 years from when the injury was discovered, or reasonably should have been discovered.

Medical Malpractice

Statute of Limitations Fla. Stat. Ann.§ 95.11(4)(b)
  • 2 years from when the injury was discovered, or reasonably should have been discovered.
  • No action can be brought more than four years after the injury occurred.
  • Children under age eight must file by their eighth birthday or within the statute, whichever is greater.
Wrongful Death

Statute of Limitations Fla. Stat. Ann., § 95.11(4)(d)
2 years from date of death.

Damages Caps
  • Punitive damages generally capped at three times compensatory damages unless otherwise determined by the court. Fla. Stat. Ann. § 768.73
  • $500,000 cap on non-economic damages per claimant for negligence of practitioners, regardless of the number of defendants. No defendant is liable for more than $500,000, regardless of the number of claimants. If negligence resulted in permanent vegetative state or death, cap of $1 million for non-economic damages from all defendants, regardless of number of claimants. Fla. Stat. Ann. §766.18
  • $750,000 cap on non-economic damages per claimant for negligence of non-practitioners. If negligence resulted in permanent vegetative state or death, cap of $1.5 million for non-economic damages from all defendants, regardless of number of claimants. Fla. Stat. Ann. § 766.18
  • As defined in Fla. Stat. Ann.§ 766.18, “the term "practitioner" includes any person or entity for whom a practitioner is vicariously liable and any person or entity whose liability is based solely on such person or entity being vicariously liable for the actions of a practitioner.”
Resource Links
Florida Department of Health
Florida Abuse Hot-line