Punitive Damages for Medical Malpractice, Florida

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WHAT ARE PUNITIVE DAMAGES?

Punitive damages are an amount of money awarded by the jury designed to punish the defendant for misconduct that was particularly bad. In other words, it is not intended to compensate the victim, but to punish the bad guy. Most medical malpractice cases do not involve the possibility of punitive damages because the case only involves simple negligence and not intentional or gross misconduct. One of the few types of medical malpractice cases that may allow punitive damages are cases involving sexual misconduct by the doctor or nurse. Some states have caps on punitive damages and in some states all or part of the punitive damages are payable to the state rather than to the injured person.

Under Florida law punitive damages are limited to a maximum of three times the amount of compensatory damages awarded, or $500,000 whichever is greater, except under unusual circumstances (see 768.73, F.S.).

While our firm started in Orlando and its main office is there, for many years we have handled cases throughout Florida, and even out of state. To serve you better we have opened additional satellite offices in several major Florida cities. We use these offices to conduct client interviews, take depositions, and as war rooms when we have trials in these cities. When advantageous to you, we will also associate with other lawyers and law firms in some areas of the state to serve you better. If we do associate with other lawyers on your case it will be at no additional attorney fee or expense to you.

This site contains only general background information and is not intended to constitute specific legal advice or establish an attorney/client relationship. Laws vary from state to state and are constantly changing. If you think you may have a case you should promptly contact a lawyer in your state with experience in handling this type of case.

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