Florida malpractice insurance requirements are under renewed scrutiny after a Hillsborough County patient was left with permanent injury and limited compensation, raising questions about whether current state minimums protect patients as intended.
Florida Malpractice Insurance Minimum Remains Unchanged Since 1989
The Florida malpractice insurance minimum for physicians has not increased since 1989, remaining at $250,000 per incident. According to state law, this amount is the lowest level of liability coverage doctors must carry to practice in Florida. Despite significant increases in medical costs and inflation, the requirement has not been adjusted in over three decades.
According to a preliminary review of state statutes, the $250,000 minimum was established when Florida’s median household income was $26,090 and the average new car cost $12,000. The Consumer Price Index (CPI) shows that medical care costs have risen 284% since then, making the original coverage amount far less effective today. In a related context, Florida ranks as the most expensive state for homeowners insurance, highlighting how insurance requirements in the state have not kept pace with rising costs across multiple sectors.
Patient Case Highlights Gaps in Malpractice Coverage
Cindy Shepherd, a Hillsborough County resident, experienced the impact of low malpractice insurance firsthand. In 2022, Shepherd underwent hand surgery for arthritis at the recommendation of her orthopedic surgeon. According to Shepherd, the procedure resulted in nerve damage and ongoing pain, later traced to the removal of the wrong bone in her hand.
“After two weeks, I still could not feel my fingers,” Shepherd said. Subsequent surgeries by other specialists confirmed the error, but Shepherd was told she would never regain full use of her right hand. She has undergone five surgeries in total.
Shepherd discovered that her original surgeon only had the minimum $250,000 in malpractice insurance coverage. “You’re left with dribs and drabs to pay your future medical expenses, and it’s not enough. It’s a joke,” Shepherd stated.
Legal Experts Cite Rising Costs and Barriers for Patients
Attorney Web Brennan, past president of the Academy of Florida Trial Lawyers, explained that the costs of bringing a medical malpractice case have increased dramatically. Brennan is not involved in Shepherd’s case but has observed a growing problem of underinsured doctors across Florida. In the insurance sector, a recent trend has seen property insurance companies in Florida see profits surge, even as policyholders continue to face higher premiums and limited coverage options.
“The cost of a lawsuit to bring a medical malpractice lawsuit on average from start to finish is between $100,000 and $200,000,” Brennan said. According to Brennan, after legal fees and investigation costs, little may remain for patient care, even if the case settles for the full policy limit.
Florida law requires a preliminary investigation and a verified expert opinion from a doctor in the same specialty before a lawsuit can proceed. This requirement adds to the expense and complexity of pursuing claims.
Few Cases Move Forward Due to Financial Hurdles
Brennan noted that, “Most of these cases never get brought,” because the potential recovery often does not justify the costs involved. Shepherd did not file a lawsuit, citing the limited compensation available and her mounting medical bills.
Cost of Living Adjustments Not Applied to Malpractice Minimum
If Florida had adjusted its malpractice insurance minimum for inflation, the required coverage would be significantly higher today. According to CPI data, $250,000 in 1989 is equivalent to $710,000 in 2025. Brennan stated, “If a cost of living adjustment had been placed on that rule, you’d be looking at over $600,000 today in the type of coverage that you would need to cover it just to be in the same place you were in when they passed it in 1989.”
Other industries have seen increased insurance requirements. In 2017, Florida lawmakers required rideshare companies such as Uber and Lyft to carry $1 million in liability coverage. Shepherd questioned why higher standards apply to transportation companies than to surgeons performing complex medical procedures. Meanwhile, some homeowners may benefit from the recent historic rate cut proposed by Florida Peninsula Insurance, a rare move in the state’s challenging insurance market.
Calls for Legislative Action on Malpractice Insurance
Shepherd has contacted lawmakers, urging them to increase the minimum required malpractice insurance for Florida physicians. She reported receiving no response so far. “They need to take this up. So I reached out to you because I’m hoping you can get the attention of the Florida legislators, whereas I can’t,” Shepherd said.
Shepherd hopes that sharing her experience will highlight the need for reform, even though any changes would not affect her own situation. “It’s been life-changing, and I have to make something positive come out of all this negative,” she said.
What Patients Should Know About Malpractice Insurance in Florida
Legal experts recommend that patients ask their doctors about malpractice insurance coverage before undergoing complex procedures. Brennan advised, “I think it’s a wise thing to do, to say do you have coverage and what type of coverage do you have?”
Florida law allows some physicians to opt out of carrying malpractice insurance if they meet certain requirements, further complicating the landscape for patients seeking recourse after a medical error.
- Florida’s malpractice insurance minimum is $250,000 per incident.
- This amount has not changed since 1989.
- Medical care costs have increased by 284% since then, according to the Consumer Price Index.
- Patients may receive less compensation after legal fees and costs are deducted.
- Some physicians may legally practice without any malpractice insurance.
Frequently Asked Questions About Florida Malpractice Insurance
What is the minimum malpractice insurance required for doctors in Florida?
Florida requires most physicians to carry at least $250,000 in malpractice insurance per incident. This minimum has not increased since 1989 and may not fully cover patient costs in the event of a serious error.
How much would the $250,000 minimum be today if adjusted for inflation?
According to the Consumer Price Index, $250,000 in 1989 would equal about $710,000 in 2025. Medical care costs have risen much faster than general inflation.
Are there doctors in Florida without malpractice insurance?
Yes, some doctors in Florida can legally practice without malpractice insurance if they meet certain requirements, such as posting a notice in their office and demonstrating financial responsibility.
Can you ask your doctor about their malpractice insurance coverage?
Yes, patients can and should ask their doctors about the amount and type of malpractice insurance coverage they carry, especially before major procedures.
Where are the laws about malpractice insurance in Florida found?
Florida’s malpractice insurance requirements are outlined in state statutes and regulations. The Florida Department of Health and the Florida Office of Insurance Regulation provide official information on these laws.
Details may be updated as investigation continues. Information in this article is based on official sources and a preliminary review of state law.
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