Any type of malpractice or misdiagnosis from a medical professional has the potential to cause significant and potentially fatal damage to patients. When the malpractice is related to cervical cancer, however, the stakes can be even higher. Patients may suffer unnecessarily, have their relationships impacted, incur extra medical expenses, and even become infertile.
Fortunately, all these injuries and losses may be compensable damages in West Palm Beach cervical cancer cases. When attempting to recover civil damages, though, having assistance from a dedicated cervical cancer lawyer can prove to be imperative.
Types of Recoverable Damages
The purpose of a cervical cancer lawsuit is to not only to pursue justice, but to also to seek compensation for the damages the injured individual and their family may have experienced. Recoverable damages in West Palm Beach cervical cancer cases can vary from one case to the next, but in general, there are two categories of damages: economic and non-economic.
Economic damages are those that have an objective monetary value already attached to them, or a value that can be specifically calculated. Examples include:
- Lost wages
- Travel expenses related to treatment
- Current and future medical expenses
- Decreased future earning capacity
Non-economic damages are harder to evaluate, however, as they are generally more subjective losses without specific price tags attached. These damages may include:
- Pain and suffering
- Mental anguish
- Loss of consortium
- Loss of enjoyment of life
- Loss of fertility
Caps on Compensation
Although there is no amount of money that could make up for the losses a claimant may have had to endure due to malpractice or misdiagnosis, the goal of a claim is to attempt to help as much as possible. Currently, there are no Florida laws that limit—or “cap”—the amount a victim can collect for their economic damages.
Plaintiffs should note that, as per Florida Statutes §766.118, non-economic damages are capped at $750,000 for pain and suffering related to non-practitioner negligence, however. There is also a $500,000 cap on non-economic damages in malpractice lawsuits against practitioners, with the only exception being if the practitioner’s negligence results in death or a vegetative state. In such a case, the cap increases to $1 million.
However, although they are still upheld by statute, compensation caps for non-economic damages in cervical cancer cases in West Palm Beach are currently not enforced. In June of 2017, the Florida Supreme Court ruled in the appeal of North Broward Hospital District v. Kalitan that damage caps for non-economic damages were unconstitutional. Plaintiffs should speak to their attorney regarding questions they may have about how damage caps may or may not be applied in their case.
Collecting Damages in West Palm Beach Malpractice Cases Involving Cervical Cancer
A qualified medical malpractice lawyer can thoroughly review your circumstances and determines the type of damages you could recover related to your cervical cancer misdiagnosis or maltreatment. Whether it is through negotiations for a fair settlement or presenting your case before a judge or a jury, seasoned legal counsel can work hard to get you the highest amount of compensation possible.
If settlement attempts fail to produce a fair settlement for you, your attorney can help you take your case to trial in order to recover damages in your West Palm Beach cervical cancer case. Call today to set up an initial case review and determine what your best legal options may be.