Personal Injury Video Law Tip
“No, doctors are not required to have malpractice insurance under the state of Florida. They do need to have certain other financial requirements and disclosures but insurance per se is not required in the state of Florida.” – Bill Abel
Additional Information about if Florida Doctors Have or Need Medical Malpractice Insurance (and how this impacts medical malpractice claims)?
Incredibly, medical doctors in Florida are not required to have medical malpractice insurance.
Florida law does require Doctors to be financially responsible to patients, which allows them to hold certain types of assets that are available to patients in lieu of insurance.
Here is what the law requires: doctors should have insurance in the amount of $100,000 (per incident) or $300,000 (total) for potential malpractice claims, but they can forego insurance by
- Establishing an escrow account of $100,000 dedicated to compensating injured patients, or
- Has a letter of credit for $100,000 (if a doctor practices medicine at a ambulatory surgical center, then the amount required increases to $250,000.00)
There are exemptions to these requirements, which mostly deal with doctors who teach medicine and treat patients incidental to their teaching or for doctors licensed in Florida, but not practicing in Florida.
In contrast, hospitals and medical facilities are not included under this law, so they typically have insurance. However, whether the hospital staff committed malpractice will determine whether this is insurance available to the injured party.
This law is another example of how medical doctors are protected by the Florida legislature at the expense of public safety. Medical negligence typically causes significant injuries and the amount of money available to injured patients is minimal, especially considering the expense of bringing a medical malpractice claim. As a result, many legitimate malpractice claims are not brought in a lawsuit and the doctors are frequently not held responsible for their actions.
Personal injury law video number 100024: Do all Florida Doctors have malpractice insurance (malpractice claims) ?