Florida Medical Malpractice Information

What is the average medical malpractice settlement in Florida?
The average medical malpractice payment in Florida for 2023 was $329,360. Going back to 2004, the average malpractice payment in the database is $250,601.
How many medical malpractice settlements have there been in Florida?
In 2023, there were 1229 medical malpractice payments made in Florida. Among all of the various jurisdictions, this ranked number 2 out of 52 in terms of raw numbers, but when viewed in terms of claims per capita, Florida ranked number 6 of 52, which includes the 50 states, the District of Columbia, and Puerto Rico.

What is the most common type of medical malpractice claim in Florida?

Across the country, the most common allegations giving rise to medical malpractice payments are "Failure to Diagnose" and "Improper Performance." Florida is among those jurisdictions for which the top allegation appearing in the database is "Failure to Diagnose." The second most frequent allegation appearing for Florida in the database is "Improper Performance."

Which type of healthcare provider pays the most medical malpractice claims in Florida?

Among all claims, the vast majority (about 70%) of the payments are associated with care provided by MDs. Florida is no exception. The second highest type of healthcare provider associated with malpractice claims in Florida is an osteopathic physician (DO).

A few notes about this: The database only shows which claims were paid and does not include claims that were presented but rejected. Also, the database does not include payments by non-providers like health systems and hospitals. There are also some number of claims that go unreported each year. Finally, the information contained in the reports is self-reported by the providers, their insurance companies, and other provider representatives.

Florida Medical Malpractice Payment Amounts By Year

Florida Medical Malpractice Payments By Year

The Largest Medical Malpractice Payments for Florida (2004-2022)

Year	State	Amount	Allegation
2004	Florida	$27,500,000	Improper Choice of Delivery Method
2020	Florida	$27,500,000	Failure to Treat Fetal Distress
2008	Florida	$14,500,000	Delay in Treatment of Identified Fetal Distress
2010	Florida	$12,500,000	Patient History, Exam, or Workup Problem
2010	Florida	$12,500,000	Patient History, Exam, or Workup Problem
2015	Florida	$12,500,000	Improper Management
2023	Florida	$12,500,000	Failure-to-Instruct or Communicate with Patient or Family
2022	Florida	$11,500,000	Failure to Treat Fetal Distress
2007	Florida	$10,500,000	Improperly Performed C-Section
2011	Florida	$10,500,000	Intubation Problem

Florida Statistics at a Glance

Average Payment (2004-2024): $250,601

Total Payments in Database (2004-2024): 23,167

Average Payment (2023): $329,360

Total Number of Payments (2023): 1,229

Rank in Average Payment (2004-2024): 41

Rank in Number of Payments Per Capita (2022): 6 of 52 Jurisdictions

Most Common Allegation (2023): Failure to Diagnose

Most Common Allegation (2022): Failure to Diagnose

Most Common Nature of Claim (2023): Diagnosis Related - 32% of all payments

Type of Provider with Most Payments: Physician (MD)

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*The database contains public payment information from 2004 to 2024. While it contains a small amount of information pertaining to the claim giving rise to that payment, it is missing crucial nonpublic information that would certainly affect claim valuation. Past results are no guarantee for future outcomes.

Every medical malpractice case is different. This site is for informational purposes only and does not contain any legal advice. Please discuss your personal situation with an attorney.

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