Medical Professional Liability Insurance in Florida

Florida at a glance

Presuit requirement

90-day investigation with a corroborating expert opinion

Chapter 766 tolls the statute of limitations during the investigation period.

Damages-cap posture

Noneconomic caps held unconstitutional in Kalitan (2017)

Extends the earlier wrongful-death ruling; confirm current status with counsel.

Limitations period

Generally two years from discovery, with a longer outer repose limit

Fraud or concealment can extend the outer limit beyond the general rule.

Licensing boards

Florida Board of Medicine and Board of Osteopathic Medicine

Handle licensure and discipline separately from civil liability exposure.

Presuit investigation must close before filing

Chapter 766 requires a prospective plaintiff to notify each provider and obtain a corroborating opinion from a qualified expert during a 90-day investigation period before a complaint is filed, during which the statute of limitations is tolled. Carriers and defense counsel use that window to evaluate the claim early, and insureds should route any notice of intent to the carrier immediately so the response deadline is not missed.

Kalitan left noneconomic damages uncapped

Florida's noneconomic damages caps for personal-injury malpractice claims were declared unconstitutional in Kalitan v. North Broward Hospital District in 2017, extending an earlier ruling that had struck the wrongful-death version of the cap. With no general cap now in force, hospital systems and physician groups across South Florida and the I-4 corridor generally size primary and excess limits without a statutory ceiling.

Two-year discovery period, longer outer limit

Florida generally allows two years from when the injury was or should have been discovered to file suit, with an outer statute of repose that can extend further in cases of fraud, concealment, or intentional misrepresentation. Because the presuit period tolls the clock, insureds should track notice dates carefully rather than relying only on the treatment date.

Licensing boards operate apart from the civil claim

The Florida Board of Medicine and Board of Osteopathic Medicine investigate complaints and discipline licensees on a track independent of the presuit process or any civil resolution. A malpractice policy's defense obligation is typically limited to the civil suit, so a group facing board scrutiny should confirm whether separate licensure-defense coverage is available.

Who we write this for in Florida

Medical malpractice FAQs for Florida