Florida Medical Malpractice Damages
A medical professional’s negligence can lead to severe injuries and complications. Behavior and misconduct that leaves a patient with injuries and trauma could warrant a lawsuit. If you or a loved one suffered due to the negligence of a medical professional, reach out to an experienced medical malpractice lawyer. An accomplished attorney can help you recover Florida medical malpractice damages. Call today and set up a consultation.
Recoverable Florida Medical Malpractice Damages
Successful medical malpractice claims cases in Florida can award economic damages and non-economic damages. The former could cover past, present, and future medical bills as well as lost wages if medical negligence prevents an individual from working. The latter could cover pain and suffering damages such as inconvenience, mental anguish, loss of enjoyment of life, loss of companionship, and disfigurement. Non-economic damages are often abstract and difficult to quantify, but a seasoned attorney can help identify an amount for a jury to consider.
Punitive damages may also be awarded but cannot be alleged in an initial complaint. A substantial amount of discovery must be done to find whether there was an intentional act or a reckless disregard for a patient’s safety that warrants punitive damages, which can be three times the amount of compensatory damages.
Florida medical malpractice damages are calculated by a jury. A trial lawyer would present the claimant’s economic and non-economic damages and can suggest an amount they think should be awarded in the case. After hearing from both sides, a jury would decide the amount of damages the plaintiff is awarded. Economic damages are tangible losses that include past and future medical expenses, loss of past and future wages, and damage to an individual’s real and personal property.
Non-economic damages — limited to $500,000 by FL Stat § 766.118(2a) — are more difficult to calculate because they are subjective and require a different type of analysis to determine a monetary value. These damages are considered intangible losses such as pain and suffering, inconvenience, and the loss of consortium. A skilled attorney can help identify these losses through documents and records and take depositions from the plaintiff, defendants, and medical experts to develop case theories. They could also identify an injured victim’s treatment following medical negligence and determine whether they suffer from any psychological issues, which would have to be proven. A jury combines all relevant factors to determine the amount of non-economic damages.
How a Florida Lawyer Could Help Recover Medical Malpractice Damages
In Florida, the medical malpractice statute of limitations is two years from the date of injury. However, there is a statute of repose that allows a person to sue up to four years from the date of injury. Either statue begins on the day a person knew or should have known that their injuries were caused by medical negligence. If a person fails to file a claim within the statute of limitations, they may be barred from recovering damages. Therefore, individuals who suspect they have been a victim of medical negligence should reach out to a lawyer as soon as possible. Let a skilled lawyer help you recover Florida medical malpractice damages.