Damages in Florida Medical Malpractice Cases
Damages in a medical malpractice case are intended to make the victim whole after being harmed by a healthcare provider’s negligence, and there is one important fact that stands out initially. Statistics reported by Forbes indicate that Florida ranked second for medical malpractice payouts by state in 2022, with compensation to victims hitting $382 million.
To recover monetary damages in these cases, you must prove that the physician violated the applicable standard of care, causing harm to the patient. While all aspects of a medical malpractice claim are complicated, the concept of compensation is challenging. It is not possible to truly make the victim whole, so damages must focus on how to get as close as possible. A Florida medical malpractice lawyer will tackle the requirements to ensure you receive the most compensation possible.
There Are Two Primary Types of Damages You Can Seek for Malpractice Cases in Florida
One form of compensation is reimbursement of the money you spent and costs you incurred because of medical malpractice injuries. Economic damages cover:
- Medical Expenses: The most pressing financial losses are often due to costly medical bills, both now and in the future. You may have long-term medical needs and will need compensation to address these future expenses.
- Lost Wages: Your injuries may prevent you from working while you are recovering, and we’ll make sure any forms of lost income are accounted for in our demands.
- Transportation to Doctor’s Appointments: Medical malpractice injuries can make it difficult or impossible for victims to drive their cars or take public transportation. If you need to hire a transportation service to go to your appointments, we will make sure you are fairly compensated for these expenses.
- Travel Costs: If you have to drive or fly to another city to receive treatment, our lawyers can help seek compensation for costs such as flights and hotel rooms.
- Lost Earning Potential: Sometimes, medical malpractice injuries are so disabling you cannot return to your previous job or work to the extent you previously did. If you need to stop working or change jobs, you may lose out on the long-term benefits of your previous role, like retirement benefits or pay increases. If this is something you’re dealing with, our team will ensure these losses are estimated and accounted for.
Noneconomic damages are based on how your life was negatively impacted by medical errors. These can include:
- Pain and Suffering: Your injuries can be intensely painful and uncomfortable, and the pain can cause a lot of physical and emotional suffering. Our team will seek an amount that will help compensate you for this loss.
- Emotional Distress: Injuries caused by medical malpractice can leave deep emotional and mental wounds. We can speak to your healthcare team to identify all of the emotional distress and effects you’ve undergone.
- Scarring and Disfigurement: Negligent medical care can cause significant scars and physical disfigurement, and these injuries can cause pain and harm your emotional well-being. Scars and disfiguring injuries can even have long-reaching financial impacts if they impact your ability to work or if they need additional medical treatments.
- Loss of Consortium: This loss addresses the physical and emotional impacts your injuries can have on your spouse or domestic partner, but it can include other family members, depending on the circumstances of your case. The harm your injuries have on your relationships is just as important as your other losses, and we will make sure your family’s hardships are acknowledged.
Our personal injury lawyers have a deep understanding of medical malpractice law, and we know what damages to look for when assessing the full extent of your losses.
There Is No Statutory Cap on Noneconomic Damages in Florida
In many U.S. states, lawmakers have imposed a limit on what victims of medical malpractice can receive for losses related to pain and suffering.
Florida did have a statutory cap on noneconomic damages, but the law was struck down as unconstitutional in 2017 in a landmark case involving a woman who suffered an intubation injury. An earlier case involving the wrongful death of a woman during birth also determined that these pain and suffering caps were unconstitutional.
In October 2023, Senate Bill 248 was introduced to revise these noneconomic caps on medical malpractice cases, but the bill died in the Committee on Fiscal Policy in March 2024. Our medical malpractice attorneys stay on top of any changes to malpractice laws that can affect our clients and their fights for compensation. We also work with other medical malpractice law firms to fight legislation that will hurt our clients and other malpractice victims throughout the state of Florida.
Medical Experts Are Essential to Determining Malpractice Damages
As you can imagine, it is difficult to prove a concept as personal and subjective as pain, suffering, and distress. Therefore, you will need the assistance of a medical professional to convey how your injuries affect your quality of life. Physicians and other medical professionals are able to explain technical medical terms in ways that a jury would understand and the impact of your injuries on your life.
Our firm works with medical experts from across the country who can provide reports about your injuries and help us establish a standard of care for your case. We believe in giving our clients as much of an advantage as possible during these notoriously complex cases, so we spare no expense when drawing on our legal and medical resources.
There Are Two Primary Methods for Seeking Damages in a Medical Malpractice Case in Florida
The legal process is complex, but you will generally have the opportunity to try and settle your medical malpractice claim. We can attempt to negotiate on your behalf with the goal of getting a settlement that addresses your harm. However, insurers strive to pay out as little as possible to protect their financial interests.
If the hospital or insurance company refuses to agree to a fair settlement, you still have the option of filing a lawsuit in court. Although many cases do end in the settlement phase, our trial lawyers are ready to take your case to a jury trial and argue for full and fair compensation on your behalf.
You Have Options for Recovering Damages in a Malpractice Case
In a successful medical malpractice case, you could have two choices:
- Receiving the amount as a lump sum payment
- Getting paid on a monthly basis through a structured settlement arrangement
Both options have advantages and disadvantages, but our lawyers can discuss your choices and advise you on what makes sense for your situation. We may even be able to work on a payment option that combines the benefits of lump sum and structured settlement arrangements.
Discuss Potential Compensation with a Florida Medical Malpractice Attorney
For more information on how damages work in a medical malpractice case, please contact Freidin Brown, P.A. We can schedule a no-cost case review at our offices in Miami or Fort Myers, or online through Zoom to analyze your circumstances.
