WIMAUMA, Fla. — When you go to a doctor for a procedure, you probably don’t ask if they have adequate coverage for malpractice insurance.
But a Hillsborough County woman who was injured during surgery reached out to us after she found out the hard way her doctor didn’t have enough coverage.
Cindy Shepherd says Florida's requirement for malpractice insurance is too low—and doesn’t protect all patients.
“You're left with dribs and drabs to pay your future medical expenses, and it's not enough. It's a joke,” Shepherd said.
Routine surgery leads to a disabling injury
The I-Team began investigating the issue and learned that Florida’s mandatory minimum malpractice insurance coverage hasn’t increased in decades, even though prices for health care have skyrocketed.
“I feel like a little kid, like I need to stick my tongue out,” Shepherd said, as she struggled to maneuver her computer mouse with her left hand.
Shepherd’s job involves working with computers to create charts, graphs and PowerPoint presentations.
Those used to be simple tasks for her, but that’s no longer the case.
“There's a lot of mistakes and I have to go back and correct,” Shepherd said.
“What hurts typing with this hand right now the most is the sensitivity from the nerve damage,” she said, referring to her right hand that is now in a compression glove and splint.
Cindy went to an orthopedic surgeon after developing arthritis in her right thumb from years of needlework.
“I started with the cortisone shots, and they worked for a couple of years and after they quit working, my doctor said you need surgery,” she said.
In 2022, she underwent a procedure where the doctor was supposed to remove a small bone from her hand.
“After two weeks, I still could not feel my fingers,” Shepherd said.
The doctor performed a second surgery, but the problem got worse.
“I continued to have pain. It was very hard to type, to use the mouse, and that's what I do for a living, I'm on the computer all day long,” Shepherd said.
Eventually, she saw another doctor for a second opinion.
“She took an X-ray and knew exactly what had happened. She told me that the doctor had removed the wrong bone and that two little bones had shifted and they were rubbing on each other and that's what was causing my pain,” Shepherd said.
“A horrific story”
Other orthopedic surgeons performed additional procedures, but Shepherd was told she would never regain full use of her right hand.
She has had a total of five surgeries on her hand.
“My hand, the scars on it tell a horrific story,” Shepherd said.
Equally horrifying, Shepherd discovered that her original surgeon only had $250,000 in malpractice insurance coverage, which is the minimum amount required under state law.
“Honestly, I didn't even think about the insurance when I went into surgery. I didn't, I didn't know I had to. I do now,” Shepherd said.
She believes the State of Florida let her down by not requiring higher mandatory minimum liability insurance policies for physicians.
Attorney Web Brennan is a past president of the Academy of Florida Trial Lawyers and is not involved in Cindy’s situation.
He told us that he has seen the problem of underinsured doctors grow as the costs of bringing a case to trial have increased.
“The crux of what's wrong is that there's not a med-mal case today that can get started up and run where $250,000 can compensate the person who's injured,” Brennan said.
Costs of lawsuits can reach six figures
“The cost of a lawsuit to bring a medical malpractice lawsuit on average from soup to nuts... from the beginning of the case to the end... is between $100,000 and $200,000,” he said.
That can leave very little money for the patient’s future care, even if a case is settled for the maximum policy limits.
The state requires a preliminary investigation with a verified expert opinion from a doctor in the same field supporting the claim before a suit can even be filed.
After investigation costs and attorneys are paid, there may be very little money left to compensate the patient.
“So what happens, most of these cases never get brought,” Brennan said.
Shepherd’s medical bills and rehab are expected to far exceed her doctor’s coverage.
“I have no more recourse. I did not file a lawsuit. And I'm stuck,” Shepherd said.
$250,000 in 1989 is the equivalent of $710,000 in 2025
The $250,000 state minimum was approved in 1989, when Florida’s median household income was $26,090.
The average new car cost $12,000 that year, and the state’s median home price was under $98,000.
“If a COLA, or a cost of living adjustment, had been placed on that rule, you'd be looking at over $600,000 today in the type of coverage that you would need to cover it just to be in the same place you were in when they passed it in 1989,” Brennan said.
The Consumer Price Index (CPI) indicates that medical care costs rose at an even higher rate 284%.
At that rate, $250,000 in 1989 would be $710,000 today.
Lawmakers have approved higher minimum insurance requirements for other entities, such as rideshare companies.
In 2017, the lawmakers required companies like Uber and Lyft to obtain a million dollars of liability coverage, after Floridians were injured and died in crashes.
“Why does the state say Uber has to have a million, but this surgeon who is cutting you open, who literally has your life in his hands, only has to have $250,000? That's ridiculous,” Shepherd said.
Brennan said that before patients undergo complicated procedures, they should talk to their doctor about their level of coverage.
“I think it's a wise thing to do, to say do you have coverage and what type of coverage do you have?” Brennan said.
Shepherd says she’s been emailing lawmakers, hoping they’ll consider raising the mandatory minimum.
She contacted us after she got no response.
“They need to take this up. So I reached out to you because I'm hoping you can get the attention of the Florida legislators, whereas I can't,” Shepherd said.
Even though any changes they make will be too late to help her.
“I have to do my part to bring it to their attention,” she said. “It's been life-changing, and I have to make something positive come out of all this negative.”
Share Your Story with Adam
Adam Walser has spent more than a decade fighting for what’s right in Tampa Bay as part of the I-Team. He’s helped expose flaws in Florida’s eldercare system and held leaders accountable for how they use your tax dollars. Reach out to Adam with any issue you think he needs to investigate.
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“It's been a little stressful. I don't know when I'll be able to do it.”
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