Many Floridians have a basic understanding of medical malpractice cases, in which an injured patient can seek damages after suffering injuries due to a health care provider’s error. However, if you or a loved one was harmed, you will need far more than a summary. The Florida medical malpractice statute requires you to establish the professional standard of care, and then you must prove how your doctor breached it.
Because of the complications, your first priority should be consulting with a Miami medical malpractice attorney about your rights. However, this 2026 Guide to Medical Malpractice Settlements is also helpful to explain important concepts.
How Much a Miami Medical Malpractice Claim is Worth
Florida medical malpractice settlements vary considerably based on the severity of the injuries. While minor injuries might result in five-figure settlements, severe cases involving permanent disability or death frequently reach several million dollars. Also, the amounts may be higher in the presence of egregious medical error, such as misdiagnosing cancer or leaving a foreign object inside a patient during a procedure.
Most medical malpractice settlements are finished during mediation before a trial starts, but Miami-Dade County is known as a high-award area. Going to trial may impact the award because local juries often grant more compensation than those in other Florida regions.
Economic vs. Non-Economic Damages Under Florida Law
Florida’s medical malpractice laws split damages into two categories.
- Economic damages cover clear financial losses like hospital bills, therapy costs, and lost future earnings. Receipts, invoices, and other documentation serve as proof for these damages.
- Non-economic damages address losses like physical pain, mental suffering, and the inability to enjoy favorite activities. These quality of life implications are subjective and personal to the victim.
While some lawmakers try to limit these, the Florida Supreme Court has ruled that such caps are unconstitutional. This allows victims to seek full pay for their trauma. Keeping track of every cost is vital to make sure your payout reflects the true impact of medical neglect on your life and your future.
Factors Influencing Settlement Values in Miami
Several local factors influence settlement results within Broward, Miami-Dade, and Palm Beach Counties. South Florida’s high cost of living directly impacts the cost of future medical care and specialized treatment, pushing your losses higher. Fortunately, the availability of top medical experts supports the strength of your case within Miami’s busy court system.
Another key factor that impacts your settlement is retaining an experienced medical malpractice attorney. These cases are a type of personal injury case, but they are far more complicated because of Florida’s med mal statutes.
Discuss Your Settlement with a Miami Medical Malpractice Lawyer
This 2026 Guide to Medical Malpractice Settlements provides some important basics, but legal counsel is critical to handle real-life details. Gerson & Schwartz, PA, offers extensive expertise with medical malpractice and other complex injury claims throughout Miami, Fort Lauderdale, and West Palm Beach. Our attorneys understand how to secure maximum compensation, so do not face the insurance company alone. Please call (305) 371-6000 to schedule a free consultation with a legal professional today.