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What Is the Average Medical Malpractice Settlement in Florida?

Jan 5, 2026

Get insights on the average medical malpractice settlement in Florida, factors affecting payouts, and what percentage of claims result in compensation.

Medical malpractice claims can have life-changing consequences, and understanding potential settlement values is crucial for victims seeking compensation. In Florida, the average medical malpractice settlement ranges from $320,000 to $1.3 million. This range is based on factors like the type of claim being pursued and the reporting database used. This guide breaks down the data, explains the differences between key datasets, and helps you understand what these averages mean for your case.

In this article, we’ll break down:

How We Calculated the Average Medical Malpractice Settlement in Florida

To calculate the average medical malpractice settlement in Florida, we used data from 2023, published in 2024 reports. This is the most recent year for which it’s possible to access complete, verified data on closed-claim medical malpractice cases in Florida. There are two major datasets that people commonly refer to when looking for this kind of settlement data. These are:

Both datasets provide reliable information, but they measure different things. Research from federal health agencies, including studies published through the National Institutes of Health (NIH), consistently shows that discrepancies in malpractice statistics often stem from differences in reporting scope, particularly whether institutional payments are included alongside individual practitioner payments.

What Do the Numbers Say?

Let’s take a look at the difference in figures between the two datasets.

According to the Florida Office of Insurance Regulation, the total indemnity paid out in 2023 was $1,165,204,753, over a total of 890 claims.

This works out to an average payout of approximately $1,309,218 per claim, placing the statewide average just over $1.3 million for that year.

However, when the same total payout is compared against NPDB claim counts, the average drops significantly. The NPDB analysis tool reports that there were over 1,242 paid claims in 2023, which yields an average payout of $938,168 per claim using Florida’s total indemnity figure.

To understand why these figures differ so much, you first need to understand what each database is counting. Let’s explore each one in turn.

FLOIR-Based Average: Approximately $1.31 Million

The Florida Office of Insurance Regulation publishes an annual closed-claim report covering medical malpractice claims paid on behalf of:

  • Physicians and surgeons
  • Nurses and dentists
  • Hospitals and health systems
  • Outpatient surgical centers
  • Other healthcare facilities

Because FLOIR includes facility-level payouts, it captures large settlements and verdicts that are not always reported in practitioner-only databases. The total number of claims reported by FLOIR is also lower, which further increases the average payout.

According to the 2024 FLOIR report:

  • Total indemnity paid in 2023: $1,165,204,753
  • Paid claims: 890
  • Average payout: $1,308,100.85

This results in a high-end statewide average of roughly $1.31 million per paid claim. The FLOIR report is comprehensive, but those exploring potential claim values should keep in mind that the facility-level settlements inflate the figures.

NPDB-Based Average: Approximately $320,000

Using the NPDB analysis tool with the FLOIR report’s figures produces an average of $960,000. However, this figure is misleading because it mixes datasets. The NPDB provides its own figures for payouts, and these do not consistently include hospital or facility-level payments.

If you use the NPDB figures for total indemnity paid and claim numbers, you’ll get a more representative average for medical malpractice payments made on behalf of individual licensed practitioners, such as:

  • Physicians and dentists
  • Nurses and pharmacists
  • Optometrists and therapists
  • Social workers and other licensed providers

Using NPDB’s 2023 data:

  • Total indemnity paid: $398,030,000
  • Practitioner-level paid claims: 1,242
  • Average payout: $320,217

This produces a lower-end average of approximately $320,000 per paid claim. This figure is more likely to reflect the kind of payment that a person might receive for a claim against a small clinic or individual practitioner.

What Do the Numbers Mean for You?

Understanding the average settlement figures can help you set realistic expectations for your medical malpractice claim. Key takeaways include:

  • High-End Settlements: Claims involving hospitals or catastrophic injuries may result in payouts closer to the $1.3 million average.
  • Practitioner-Level Settlements: Claims against individual providers are more likely to align with the $320,000 average.
  • Unique Factors: Your settlement value will depend on factors like the severity of your injury, the strength of your evidence, and the skill of your attorney.

Consulting an experienced medical malpractice lawyer is the best way to evaluate your case and determine its potential value.

Have a Question?

Medical malpractice claims can be complex, but understanding settlement averages and timelines can help you navigate the process with confidence. Whether your case involves a hospital or an individual provider, medical malpractice attorney Alan Sackrin can help you evaluate your claim, gather evidence, and fight for the compensation you deserve.

Contact Alan Sackrin today for a free consultation and take the first step toward justice and recovery. To discuss your situation, use our contact form or call (954) 458-8655 to book a consultation.

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