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Average Medical Malpractice Settlement in Florida (2024)

Robert F. Spohrer

When you require medical care, you can often feel vulnerable and like you have no other option but to place your trust in the hands of your doctor and other medical professionals. Just like any other profession, mistakes can be made and put your health at even greater risk. Understanding what the average medical malpractice settlement in Florida looks like and what common causes are can help boost your awareness should you ever fall victim to medical negligence.

Common Types of Medical Malpractice Claims

When most people think of medical malpractice, they often think of physical errors that can occur during various procedures or treatments. However, there are many other kinds of negligence that can take place.

Here are some of the most common types of medical malpractice that occur:

  • Misdiagnosis: In order to receive the proper treatment for your condition, you must be accurately diagnosed. Misdiagnosis or failing to diagnose can lead to wasting time and even making your condition worse.
  • Surgical Errors: Whether the surgeon operates on the wrong body part or mistakenly leaves a medical tool or piece of equipment inside your body, surgical errors are one of the most common types of medical negligence.
  • Medication Errors: Medication errors can leave patients with severe side effects and potentially even death if not properly prescribed. Many pre-existing health conditions that are not taken into account can leave patients at high risk.
  • Failure to Prevent Infection: The physicians and hospital staff must take adequate precautions to provide a clean environment and properly sterilize equipment to avoid any infections.
  • Birth Injuries: Birth procedures can be much more complex than most think and require thorough monitoring of both the mother and child before, during, and after delivery.

The types of medical malpractice listed above are only a few of the many different types of negligence that can occur in a medical setting. It’s important to remember that although medical professionals are set to a higher standard, they are still human, and unfortunately, mistakes happen all too frequently.

What Elements Are Involved in Proving Medical Malpractice in Florida?

Medical malpractice is an often-consequential form of professional negligence committed by a doctor or physician. Physicians are held to a higher standard of care than the majority of other professionals since the consequences of their actions can often have a direct effect on the health or well-being of their patients. However, being able to legally prove that professional negligence was committed by a physician can be particularly challenging.

In order to legally proceed with a medical malpractice claim in the state of Florida, the following elements must be proven:

  • Duty of Care: Once the doctor-patient relationship is formed, the physician is required to provide a standard of care similar to that of another physician with the same level of skills and training under the same or similar circumstances.
  • Breach of the Duty of Care: Once a duty of care has been established, the patient must be able to show that the physician failed to provide the necessary standard level of care or that they deviated from what another physician would have done under the same or similar circumstances.
  • Damages: Next, the patient must show that the breach of duty resulted in some sort of physical, mental, or emotional harm or damage.
  • Causation: Lastly, the plaintiff must be able to prove that the negligence committed by their physician was the direct cause of their injuries or harm. This is typically the most challenging element to prove.

Just because the patient sustained damages does not automatically mean that medical negligence was committed. Being able to prove that there was a breach of duty and that the breach was the direct cause of the damages sustained is the most difficult part of any medical malpractice case.


Q: How Much Are Most Medical Malpractice Settlements?

A: In the United States, the median medical malpractice settlement amounts to approximately $250,000. Of course, the total financial compensation can vary significantly depending on many different factors, including the overall severity of the plaintiff’s injuries, the strength of available evidence, the jurisdiction of the claim, and whether or not the case goes to trial.

Q: How Long Does a Medical Malpractice Lawsuit Take in Florida?

A: There are many different elements that factor into determining exactly how long a given medical malpractice case can take, and no two circumstances are identical. Some cases can be resolved without proceeding to trial and can be settled in under a year, while others can take 3-5 years or more. The overall complexity of the case and the severity of the plaintiff’s injuries are two of the most prominent factors in determining how long a case will take.

Q: What Are the Odds of Winning a Medical Malpractice Suit?

A: The odds of the plaintiff winning a medical malpractice claim in the United States are largely dependent on the strength of available evidence that can prove that negligence occurred. For cases that involve weak evidence of medical negligence, the plaintiff wins only 10%-20% of the time. For jury trials that have moderate evidence to support negligence, the plaintiff still only wins about 30% of the time. For cases with what is considered as strong evidence, the plaintiff wins about 50% of the time.

Q: What Is the Average Payout for Medical Negligence in the United States?

A: While the median settlement payout is about $250,000, the average payout for medical malpractice or negligence claims in the United States is approximately $242,000. For cases that go to trial and extend all the way to a jury verdict, the average payout to the plaintiff is right around $1 million.

At Spohrer Dodd Trial Attorneys, we understand that each client deserves to be treated with compassion. Our team of medical malpractice attorneys is proud of the over $1 billion in total compensation that we’ve been able to recover for our clients, and we will work diligently to ensure that your rights are upheld throughout the entire legal process.

If you or your loved one has been victimized by medical negligence, give us a call or request a consultation with one of our experienced attorneys.