How Florida Medical Malpractice Insurance Works

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When an Insurer Controls Your Recovery, Knowledge Is Power

Florida is America’s third largest malpractice market, with about $908 million in 2023 premiums and a 97.7 percent combined ratio, proof that insurers fight hard to keep money in house. State law requires physicians to satisfy judgments only up to $100,000, or $250,000 if they hold hospital privileges, leaving many victims under compensated. Percy Martinez starts every case by mapping the provider’s actual coverage so families know, from day one, how big the insurance pot really is.

Mandatory Limits and the Loophole That Lets Doctors Go Bare

Under Fla. Stat. § 458.320 doctors may self insure or post a simple waiting room sign saying they carry no malpractice policy at all. Hospitals usually demand a $250k/$750k policy, yet private clinics often operate with minimal protection, exposing patients to collection risks after verdicts. Percy’s team subpoenas escrow records and letters of credit early, forcing defendants to prove they can pay before settlement talks begin.

The 90 Day Presuit Window: What Insurers Really Do

Before you may file suit, Chapter 766 requires a formal Notice of Intent and a 90 day pause while the insurer “investigates.” Behind the scenes, adjusters sift records, interview staff, and decide whether to admit fault or deny outright. Percy fast tracks this stage by compiling certified medical records, expert affidavits, and economic models so carriers face your full damages dossier on day one, shortening the investigation and raising reserve values.

Claims Made, Occurrence, and Tail Coverage: Why Policy Type Dictates Strategy

Most Florida doctors buy cheaper claims made policies that only pay if the claim is filed while the policy is active; once a physician changes jobs, victims need “tail” coverage or there is zero insurance. Occurrence policies cover acts that happened during the term, but few carriers sell them because they cost more. Professional liability, a cousin to malpractice, operates the same way. Percy’s investigators track retroactive dates and lapses, then stack policies so every eligible carrier shares the payout.

Major Florida Carriers (AM Best A Rated)

Tactics Insurers Use and How Percy Martinez Turns Them Around

Roughly 60 percent of claims are dropped or dismissed, encouraging carriers to stall, demand informal interviews, or offer nuisance sums. OIR data show loss ratios as low as 32 percent for some top carriers, evidence of aggressive defense spending. Percy counters with rapid fire subpoenas, court ordered site inspections, and his proprietary “Clean Chart Audit,” spotlighting every protocol breach so adjusters face a verdict level risk at mediation.

Real World Payouts and Why Florida Has No Damage Caps

The Florida Supreme Court struck down section 766.118 caps in North Broward v. Kalitan (2017), ruling they violated equal protection rights. Today victims recover full economic and noneconomic losses; punitive damages still follow the $500k to $2 million statutory framework. National Practitioner Data Bank figures show 844 payouts in 2023, averaging $336,390, proof real money is on the table when coverage is located. Percy leverages the no cap landscape to demand complete life care funding, not insurer dictated discounts.

Your Next Step: A Free Policy & Records Audit Across Florida

Whether your injury happened in Miami, Tampa, Orlando, Jacksonville, or any Florida town, Percy Martinez will (1) pull the provider’s policy, (2) secure hospital incident logs, and (3) deliver a same day strategy call, all at no cost. Our audit clarifies coverage, preserves evidence, and positions your case for maximum value before insurers can shape the narrative. Click below or call (800) 382-3176 to start your path to recovery and clean, documented compensation.