What is the Average Settlement for Medical Malpractice Lawsuit in Florida?
Gregg Hollander | November 19, 2025 | Medical Malpractice
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It is almost impossible to overstate the harm that can be caused by medical malpractice. When doctors act negligently, completely healthy people may be subjected to unnecessary and harmful medical treatments, or sick and injured people may not receive the lifesaving treatment they need.
These actions may cause lifelong suffering or even wrongful death. And those who live are likely to face years of unpleasant recovery.
The high cost of medical treatment adds to the unpleasantness of recovery. Medical costs almost always start at tens of thousands of dollars and often reach millions. The average person needs help to pay all those costs. Most of the time, the only way to get the funds is to file an insurance claim or lawsuit.
But will the insurance company pay what you need in a medical malpractice claim? That depends on a lot of factors. The average settlement for medical malpractice fluctuates significantly based on both the details of your case and the actions you take.
Always Retain a Medical Malpractice Lawyer
Insurance companies are businesses that are trying to make a profit. The best way to make a profit is to pay out as little in claims as possible. This means that if the insurance company can find a way to justify it, you will have your claim denied or receive a lowball offer. Medical malpractice attorneys can prevent that.
Medical malpractice lawyers understand what type of evidence is necessary to prove your case, and they have experience investigating malpractice cases. On average, this experience makes for higher settlement offers, even after the lawyer takes their contingency fee percentage.
The Various Forms of Compensation Available in a Medical Malpractice Claim
While paying for your medical costs will be your first concern after suffering medical malpractice, that isn’t the only thing you can be compensated for in a medical malpractice claim.
In most cases, you can also be compensated for:
- Lost income due to your inability to work
- Continuing medical costs like rehabilitation, therapy, and assistants
- Pain and suffering related to the medical malpractice
- Miscellaneous costs or lost opportunities resulting from your injury
The more significantly a medical malpractice injury interrupts your life, the more you can receive in compensation. Insurance companies should consider the totality of your damages before making a settlement offer.
Recent Medical Malpractice Payouts
Our firm of highly-skilled medical malpractice lawyers has handled thousands of cases over the years involving individuals who have been mistreated by the medical system and faced devastating consequences. Although it can be difficult to determine an average medical malpractice settlement amount since every case is different and unique. From the examples listed on this page medical malpractice settlement payouts range from $4,000,000 – $7,500,000. Below are some of our recent Florida medical malpractice settlements.
$7.5 Million Medical Malpractice – Minor with Brain Bleed
A minor in Boca Raton was transported by EMS to an emergency department after experiencing a severe headache, nausea, and vomiting. At the hospital, a CT scan revealed a brain bleed. Because the facility did not have neurosurgical capabilities, staff sought to transfer the child to another hospital equipped to provide the necessary care. The first hospital contacted for the transfer denied it, stating that the injury was not trauma related. A second hospital was then contacted and agreed to accept the transfer.
During the ambulance transport to the second hospital, the child suffered an acute brain herniation that caused severe brain damage and neurological injury. It was alleged that the over two-hour delay in treatment contributed to this outcome, constituting a violation of EMTALA under Florida law, specifically Section 395.N41 concerning access to and assurance of emergency services, patient transfers, and related patient rights. Although liability was denied during pre-suit investigation, our firm secured a $7.5 million settlement.
$7 Million Medical Malpractice – Minor with Diabetic Ketoacidosis (DKA) and Acute Hemorrhagic Pancreatitis
A minor from Fort Lauderdale arrived at an emergency department with complaints of abdominal pain, nausea, and vomiting. The hospital conducted a physical examination and an abdominal X-ray but did not perform any blood work, urine analysis, or laboratory tests. No additional diagnostic imaging was ordered. The child was given medication for nausea and then discharged.
Thirty-six hours later, the minor returned to the same emergency department with worsening symptoms. This time, a different emergency physician performed a more comprehensive evaluation, including lab tests and diagnostic imaging. The child was diagnosed with diabetic ketoacidosis (DKA) and acute hemorrhagic pancreatitis. He was admitted to the pediatric intensive care unit (PICU) and intubated. In the early morning hours of the following day, his pupils were dilated, and a CT scan revealed cerebral edema.
During this admission, the child’s condition deteriorated. He remained hospitalized for approximately eight months and suffered cerebral edema leading to encephalopathy and severe neurological injury due to the delay in diagnosis. Although liability was initially denied in this case, Hollander Law Firm successfully secured a $7 million settlement for medical malpractice.
$4 Million Medical Malpractice – Cervical Spinal Cord Injury
A patient in West Palm Beach who was under the care of a pain management physician underwent a cervical epidural steroid injection at an outpatient center under fluoroscopy. The procedure was performed under general anesthesia. During the injection, the physician caused trauma to the patient’s spinal cord by puncturing the dura with a 20-gauge epidural needle. Despite this, the physician continued to inject the epidural medication directly into the spinal cord.
As a result, the patient sustained a cervical spinal cord injury that caused monoparesis of the right dominant arm. Although liability for the claim was initially denied, Hollander Law Firm successfully secured a $4 million settlement for medical malpractice.
Medical Malpractice Settlements vs. Jury Awards
Civil trials have the potential to result in extremely high awards for victims of medical malpractice. Insurance companies are aware of the potential compensation that juries can award.
Accordingly, most medical malpractice cases end in settlements. One reason for this is that settlements usually take less time than trials. Civil trials can last years, or possibly even decades. That is an unreasonably long time to wait when you need medical treatment immediately.
The settlement process is also less costly for the parties involved. Years of litigation can be expensive, including filing fees, attorney’s fees, expert witness fees, etc.
Florida’s Statute of Limitations Can Affect Your Medical Malpractice Case
One important consideration when deciding whether to accept a settlement offer from an insurance company is the statute of limitations for medical malpractice lawsuits in Florida.
You generally only have two years after medical malpractice occurs to file a lawsuit, and no later than four years from the incident date if the injury wasn’t discovered right away. If that time limit is coming up, you may want to accept a reasonable offer rather than try to file your lawsuit in the limited time remaining.
It isn’t always the best option, but insurance companies have very little reason to offer fair settlements if the statute of limitations has already passed. Your medical malpractice lawyer will keep an eye on the applicable deadline to file your lawsuit to ensure that you obtain the maximum results and preserve your legal rights.
Contact Our Medical Malpractice Law Firm in South Florida
If you’ve been injured in an accident, please contact our experienced personal injury lawyers in Florida at Hollander Law Firm Accident Injury Lawyers to schedule a free consultation today. We have three convenient locations in Boca Raton, Fort Lauderdale, and West Palm Beach.
We proudly serve Palm Beach County, Broward County, and its surrounding areas:
Hollander Law Firm Accident Injury Lawyers – Boca Raton Law Office
7000 W Palmetto Park Rd #500
Boca Raton, FL 33433
(561) 347-7770
Hollander Law Firm Accident Injury Lawyers – Fort Lauderdale Law Office
200 S.E. 6th Street #203
Fort Lauderdale, FL 33301
(954) 287-0566
Hollander Law Firm Accident Injury Lawyers – West Palm Beach Law Office
319 Clematis St #203
West Palm Beach, FL 33401
(561) 556-7873
