As a professional practicing in Florida, you may wonder what will happen if you are ever accused of malpractice. If you are not in the medical field, it is normal to assume that the legal consequences may be lighter, especially if there are no lives at stake. But that is a common misconception.
How Florida courts view professional malpractice
The legal system views the resulting harm as the primary factor in determining the case’s value. Currently, Florida remains a no-cap jurisdiction for most non-economic damages in non-medical malpractice claims. This means there is no legal limit on what a jury can award for pain, suffering or loss of rights in both medical and non-medical cases. Medical malpractice claims used to be capped at $750,000 per claimant or up to $1.5M for catastrophic injuries, but the Florida Supreme Court struck these down in 2017. They remain in the statutes but have no legal effect.
Procedural differences in filing medical and non-medical claims
Medical and non-medical malpractice claims can create similar stress, yet the filing rules in Florida are not the same. If you are a physician, lawyer, accountant or other licensed professional facing a potential claim, those differences can affect your strategy from day one. Here is a short guide on what to expect when facing a medical malpractice claim:
- Claimants generally have two years (discovery rules can change the start date).
- Plaintiffs must complete a pre‑suit investigation and file a verified expert affidavit before suing.
- Plaintiffs must serve a 90‑day Notice of Intent and support the claim with expert proof at the outset.
For non‑medical (legal, accounting etc.) claims:
- Claimants generally have two years under standard accrual rules.
- No statutory pre‑suit expert affidavit necessary.
- No mandatory notice period, so plaintiffs can often file immediately and develop expert testimony during discovery.
When facing a claim, a professional malpractice lawyer can help you secure the necessary evidence to clear your name and save your license.
Protect your career and your future
A professional malpractice accusation is not something to take lightly. Act fast and consider legal guidance to protect your name, your livelihood and your right to practice. When your reputation is on the line, a calm, decisive response can preserve everything you have built.