Florida · Medical Malpractice
Florida medical malpractice damage caps and statute of limitations
Refreshed 2026. Cap ruled unconstitutional damage cap. 2 years from discovery (or when injury should have been discovered with due diligence). Full breakdown below.
Damage caps
No statuteNon-economic damages cap
None
Total damages cap
None
Status
unconstitutional
Notes
Caps ruled unconstitutional in North Broward Hospital District v. Kalitan (2017) on equal protection grounds (multiple claimants treated differently). Prior cap was $500,000/$1,000,000.
Statute of limitations
FL Stat. § 95.11(4)(b); § 766.106Standard SOL
2 years from discovery (or when injury should have been discovered with due diligence)
Discovery rule
Yes; runs from discovery with due diligence
Statute of repose
4 years from act or omission (7 years if fraud, concealment, or intentional misrepresentation)
Minor exception
Repose extended until child's 8th birthday if injury occurred before age 8. Standard tolling during minority for children 8+.
Wrongful death SOL
2 years from date of death, subject to 4-year repose from incident
Notes
Pre-suit notice and investigation period required (90 days), which tolls the SOL.
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Florida med-mal FAQ
What is the medical malpractice statute of limitations in Florida?+
2 years from discovery (or when injury should have been discovered with due diligence). Yes; runs from discovery with due diligence Statute of repose: 4 years from act or omission (7 years if fraud, concealment, or intentional misrepresentation). Wrongful death: 2 years from date of death, subject to 4-year repose from incident. Pre-suit notice and investigation period required (90 days), which tolls the SOL. Source: FL Stat. § 95.11(4)(b); § 766.106.
Does Florida have a medical malpractice damage cap?+
No active cap. Caps ruled unconstitutional in North Broward Hospital District v. Kalitan (2017) on equal protection grounds (multiple claimants treated differently). Prior cap was $500,000/$1,000,000.
How does Florida handle the discovery rule in med-mal cases?+
Yes; runs from discovery with due diligence
What is the Florida minor exception for medical malpractice?+
Repose extended until child's 8th birthday if injury occurred before age 8. Standard tolling during minority for children 8+.
What is the wrongful death statute of limitations for Florida medical malpractice?+
2 years from date of death, subject to 4-year repose from incident
Other state lookups
This tool is informational. It is not legal advice. Florida damage caps and statute of limitations periods change frequently. Always verify against current statute and consult a licensed Florida attorney before relying on a deadline. Data refreshed May 2026.