Most people assume every Florida doctor carries malpractice insurance.
Many do not.
Florida law does not require it.
Section 458.320, Florida Statutes, requires physicians to demonstrate financial responsibility for malpractice claims. Most do that in one of three ways: malpractice insurance, an escrow account, or a bank letter of credit. The minimum amount is generally $100,000 per claim, or $250,000 for physicians with hospital staff privileges or who perform surgery in an ambulatory surgical center.
The statute also creates an exception.
Lawyers and doctors call it “going bare.”
Under that exception, many licensed physicians can legally practice without malpractice insurance. They do not have to maintain an escrow account or post a bond. Instead, they sign an agreement promising that if a patient obtains a malpractice judgment, they will personally satisfy it within 60 days—up to $100,000, or up to $250,000 if they have hospital staff privileges.
You Are Supposed To Be Told
A physician who goes bare must either post a notice in the waiting room or provide patients with written notice before treatment. The language is prescribed by statute. In plain terms, it tells patients the physician has elected not to carry malpractice insurance.
For most patients, that notice is the only warning they will ever receive.
It is often posted alongside privacy notices and office paperwork, where few people ever stop to read it.
You can also verify a physician’s malpractice insurance status through the Florida Department of Health’s online practitioner profile. It only takes a few minutes and is worth checking before any planned surgery or significant medical procedure.
If The Doctor Loses A Case
If a physician who has gone bare does not satisfy the judgment within 60 days, the Florida Department of Health issues a notice of noncompliance. The physician then has 30 days to show the judgment has been paid or that a proper appeal is pending.
If neither occurs, the physician’s license may be suspended, and the Florida Board of Medicine must impose discipline. Depending on the circumstances, that can include probation with a payment plan or suspension for up to five years.
The Part That Surprises Most People
The $100,000 and $250,000 figures are not limits on what an injured patient can recover.
They are simply the amounts a physician must agree to personally satisfy in order to maintain a medical license under Florida’s financial responsibility law.
The statute is explicit that nothing in it relieves a judgment debtor of the obligation to satisfy the entire judgment. If a jury awards $3 million, the physician owes $3 million.
Collecting the remainder is another matter.
Florida law protects certain assets—including a homestead residence, certain annuities, and some jointly owned property—from creditors. A physician with no malpractice insurance, combined with careful asset planning, may own substantial assets and still be difficult to collect from.
For some physicians, that is precisely the point of going bare.
None of this means an injured patient does not have a case.
The physician is often only one potentially responsible party. Hospitals, ambulatory surgery centers, physician groups, anesthesia providers, and other healthcare entities typically carry their own malpractice insurance and may also be legally responsible, depending on what happened.
That is why investigating every potentially liable party is one of the first things an experienced medical malpractice attorney does.
Timing matters, too.
Florida generally gives injured patients two years from the date the injury is discovered—or reasonably should have been discovered—to bring a medical malpractice claim, subject to a four-year outside limit in most cases. Those deadlines begin running whether anyone ever noticed the sign on the waiting room wall.
This article is intended as general information about Florida law and is not legal advice.
Martin Hoffman, Esquire
At Hoffman, Larin & Agnetti, we’ve been handling medical malpractice cases across South Florida for over 40 years. We work with qualified medical experts to evaluate what the standard of care required, what actually happened, and whether the gap between those two things caused preventable harm.
We handle these cases on a contingency basis — there’s no cost to speak with us, and no fees unless we recover for you.
If you have questions about a summer injury, a hospital stay that didn’t go as expected, or a diagnosis you’re not sure was handled correctly,
contact us. There is never a fee; we are paid only when we win your case.
Hoffman Larin & Agnetti has been fighting for our Medical Malpractice clients throughout the State of Florida for over 40 years.
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FAQ
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Do Florida doctors have to carry malpractice insurance?
No. Florida requires physicians to demonstrate financial responsibility, but Section 458.320(5)(g) lets a licensed doctor opt out entirely by agreeing to personally satisfy adverse judgments up to $100,000, or $250,000 with hospital staff privileges.
How do I find out if my doctor has malpractice insurance in Florida?
Search the Florida Department of Health practitioner profile database by name and open the financial responsibility section of the profile. It will state whether the doctor has elected not to carry coverage.
Can I still sue a doctor who has no malpractice insurance?
Yes. The statutory amounts are what the doctor must pay to keep a license, not a limit on what a jury can award. Collecting a large judgment from an uninsured doctor is harder, which is why identifying other responsible parties, such as a hospital or surgical center, matters early.
How long do I have to file a medical malpractice claim in Florida?
Generally two years from the incident or from discovery, with a four-year outer limit and a seven-year limit in cases of fraud or concealment. Florida also requires a presuit investigation and a 90-day notice period before suit, so the practical deadline is earlier than two years.
What is “going bare”?
It’s the term for a Florida physician who uses the statutory exemption to practice without malpractice insurance. Those doctors must post a sign in the reception area or give patients written notice.
