Learn about Florida medical malpractice insurance laws and your legal options if you’re injured by an uninsured doctor

Are doctors required to have malpractice insurance in Florida?

The answer to whether or not Florida doctors are required to carry medical malpractice insurance is kind of, but not really. Let us explain. 

According to Florida Statute 458.320, doctors in the state of Florida must carry $100,000 in medical malpractice insurance to practice medicine and $250,000 if they practice medicine with hospital privileges.  

However, much like other types of insurance, doctors may not be required to carry medical malpractice insurance if they can prove they have another means of securing a claim against their medical license. As an example, a Florida doctor can set up a trust to pay out malpractice claims and avoid the cost of premiums. However, the actual enforcement of these laws is limited, and they have very little in the way of teeth.

What Florida law says about carrying medical malpractice insurance

Florida law requires doctors to obtain an irrevocable letter of credit or have money set aside in an escrow account to pay out medical claims if they don’t have insurance, but there is no system by which authorities ensure the doctor has insurance. For instance, if your car insurance lapses, your license can be immediately suspended. But doctors are held to a lower standard than the general public.

Typically, doctors who practice medicine in hospitals carry insurance policies, as do the hospitals themselves. However, private practitioners, and especially those who offer discounted cosmetic surgery, frequently do not carry medical malpractice insurance.

Technically, if a doctor does not carry medical malpractice insurance, they are required by law to make patients aware of that fact. However, they can fulfill this requirement by simply posting a notice in their office, which often goes unnoticed by many patients.

Can I sue a doctor for medical malpractice if they don’t have insurance?

If you’re injured by an uninsured doctor, you can still sue the doctor for medical malpractice, but your winnings would be collected directly from the doctor rather than their insurance company. 

If the court finds in your favor, the doctor is personally responsible for paying the awarded damages. However, collecting the compensation may be more challenging if the doctor lacks insurance, as you would need to seek payment from the doctor’s personal assets. 

It’s crucial in such cases to work with a knowledgeable medical malpractice attorney who can navigate the complexities of the legal process and explore all possible avenues for securing the compensation you deserve. This may include investigating the doctor’s financial assets or considering legal action against the hospital or medical facility where the malpractice occurred, if applicable.

What happens if I’m injured by a doctor without medical malpractice insurance?

If you can find a lawyer to take your case, the first thing they will do is research the doctor to determine how successful a lawsuit against them would be. 

Unfortunately, even if the doctor’s malpractice is obvious, the act of collecting any damages awarded by a jury can be quite frustrating. The doctor could file for bankruptcy, thus potentially discharging the entire debt owed to you. 

Often, doctors will create asset havens that make it particularly difficult to find their assets. These include anonymous out-of-state trusts, chain LLCs, and other types of asset vehicles that may only exist on paper. 

In fact, doctors are quite aware of this issue and often attend seminars with names like, “How to Protect Your Assets from Litigators.” The purpose is to make it so difficult to find their assets that most lawyers wouldn’t invest the time or resources unless there was the promise of a substantial payout.

Ultimately, it’s best to steer clear of doctors without medical malpractice insurance. Such doctors may lack insurance due to financial issues or a history of claims against them, suggesting a higher risk of malpractice. Moreover, in the event of an injury, the process of obtaining compensation is often far more difficult.

How long do I have to file a medical malpractice lawsuit in Florida?

In Florida, the time limit for filing a medical malpractice lawsuit is typically 2 years from the date the person knew or should have known about their injury. This means that, in most cases, you have a 2-year window to take legal action from the time you discover your injury.

However, Florida law also includes a statute of repose, which places an outer limit on the time frame for filing a medical malpractice claim, regardless of when the injury was discovered. This statute of repose is 4 years from the date the malpractice occurred. 

There are some exceptions to these rules, so it’s always best to consult with an experienced medical malpractice attorney as soon as possible to understand the time restrictions in your case.

Get help from a Tampa medical malpractice attorney

If you or a loved one is suffering from an injury caused by a doctor’s mistake, the experienced Tampa medical malpractice attorneys at Palmer Lopez can help you understand your legal options. We can investigate your case, determine if malpractice occurred, and guide you through the complex process of seeking compensation. 

Our firm has a track record of successfully handling medical malpractice claims, even in challenging cases involving doctors without insurance. We can explore alternative avenues for compensation, such as seeking damages from the medical facility or employing strategies to target the personal assets of the responsible parties. Our goal is to secure the financial support you need for medical bills, lost income and the emotional toll of your injuries.

Contact our office today to schedule a free consultation.