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Do FL Doctors Have to Carry Malpractice Insurance?


Florida is one of 32 states that do not require doctors to obtain medical malpractice insurance, which is commonly known as “going bare.” Additionally, there is no federal law that mandates physicians to carry such insurance. 

One of the main reasons why many Florida doctors do not carry medical malpractice insurance is because they believe the cost is too great, despite the caps on damages and tort reforms—which have reduced the cost of such insurance—in place. Physicians may also choose to opt-out of medical malpractice insurance because they believe without insurance-backed funds to go after in a lawsuit, a plaintiff’s attorneys generally believe the ends do not justify the means when it comes to court litigation. 

Furthermore, some healthcare providers may go bare because they could not obtain insurance if they tried. These doctors may have a record of disciplinary issues before the Board of Medicine, past lawsuits against them, or even due to fraud. 

However, according to § 458.320 in the Florida Statutes, doctors are required to do the following if they choose not to carry medical malpractice insurance: 

  • Post an assurance bond 

  • Create an escrow account 

  • Obtain an irrevocable-line-of-credit letter from a bank or other lending agency 

  • Post a sign in their office to inform patients that they do not carry medical malpractice insurance 

In addition, doctors who do not carry medical malpractice insurance will establish an asset protection plan or set up a trust fund to protect their personal assets (e.g., houses, vehicles, investments, and other valuable possessions) from being part of a plaintiff’s compensation. In other cases, healthcare providers may file for bankruptcy to protect themselves from creditors and even legal judgments. 

If you or a loved one has been injured due to medical malpractice in Weston or within the surrounding area, contact Rash Mueller today at (954) 914-7116 to let an experienced legal team fight for you. Millions of dollars won on behalf of our clients! 

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