Do all Medical Malpractice Cases Need to Go to Court?
No, not all medical malpractice cases need to go to court. Many claims of this type are resolved before going to trial. A Florida medical malpractice attorney with our firm can help you navigate the legal process. Our trial-tested team can negotiate for the maximum compensation possible or pursue your losses with a lawsuit when necessary.
How Often Do Medical Malpractice Cases Go to Court?
According to a study published by the BMJ, less than 5 percent of medical malpractice cases go to court. Most malpractice claims end with a settlement.
Settling can be advantageous to both parties because, unlike court records, the details of a settlement remain private. In addition, settling can be less costly and lead to a quicker resolution than a medical malpractice trial.
However, sometimes, a settlement offer does not fully compensate the victim. In some cases, injured parties may be able to secure more money with a legal judgment. A trial also holds the negligent healthcare provider publicly accountable, which may provide those harmed with an additional measure of justice.
Compensation You Can Recover With a Medical Malpractice Claim
The goal of any medical malpractice case is to achieve the maximum compensation possible for the victim, whether through an insurance settlement or lawsuit. In general, you can recover compensation for the following with a medical malpractice claim in Florida:
- Current and ongoing medical treatment, including emergency department care, hospitalizations, medical procedures, rehabilitation and physical therapy, mobility aids, medical devices, prescription drugs, and nursing services
- Lost wages, including lost income, lost employment benefits, and reductions to your earning capacity
- Pain and suffering, including stress, depression, loss of enjoyment, reduced quality of life, scarring, disfigurement, chronic and severe pain, and permanent and disabling injuries
- Household services and miscellaneous expenses, including transportation costs, assistance with cooking, cleaning, and home maintenance, medical travel expenses, and medically necessary vehicle and home modifications
- Wrongful death of a loved one, including funeral and burial costs, medical bills, loss of the deceased’s income, future financial support, services, and intangible benefits, and surviving family members’ mental pain and suffering
What Is the Average Malpractice Settlement?
Settlements for medical malpractice injuries can vary widely based on the facts of each case. Variables that can influence compensation include a victim’s age, the severity of their injuries, and the overall strength of their claim.
According to the National Practitioner Data Bank (NPDB), 1,217 medical malpractice payment reports were filed in Florida in 2023. One hundred thirty-nine of these payments were less than $50,000, while 80 were between $1 million and $1.9 million. We know from our own clients that many settlements are much higher than that.
Can a Medical Malpractice Lawyer Help You Avoid Court?
Hiring a medical malpractice attorney can help you build a stronger case. A strong case may not need to go to court because a lawyer may have built a convincing case that forces the other parties to agree on a settlement.
Medical malpractice is a complex area of the law, and proving a physician or hospital acted negligently can be challenging. Our experienced legal advocates can use their knowledge and skills to collect evidence and establish that a medical error caused your injury. When faced with solid evidence, defendants and their representatives are more likely to offer fair compensation rather than go before a judge or jury.
A lawyer with our firm can stand up to insurance agents, opposing attorneys, and other involved parties on your behalf. At every stage, we will shield you from bad-faith tactics and pressure to accept a lower payment than you deserve. While we have vast experience negotiating settlements, our firm has a reputation for not being scared to go to trial if necessary.
Do You Have a Medical Malpractice Claim?
You may have a medical malpractice claim if you suffered an injury or illness (or your condition worsened) because of negligent medical treatment. A healthcare provider or facility is negligent when they fail to uphold the accepted standards of the medical profession when providing care.
Examples of medical malpractice include:
- Surgical complications: These include wrong-patient surgeries, wrong-site surgeries, botched procedures, unnecessary procedures, objects left inside the body after surgery, and anesthesia errors.
- Medication errors: This form of malpractice includes giving a medication to the wrong patient, administering the wrong dosage, failing to account for patient allergies, or failing to account for how a medication may interact with a patient’s current prescriptions.
- Diagnostic errors: These errors can include wrong diagnosis, patient misdiagnosis, and a failure to diagnose.
- Doctor and nursing errors: Patients may have a case if a doctor or nurse failed to take a patient’s health history, failed to treat their illness or injuries, and failed to respond to labor and delivery complications, resulting in birth injuries.
- Hospital negligence: This form of negligence includes emergency department negligence, negligent patient supervision, and premature patient discharge
If you believe you or someone you love is the victim of medical malpractice, our legal team can review your claim and speak with you about your options.
Florida’s Medical Malpractice Statute of Limitations
Although your medical malpractice case may not need to go to court, you must still be mindful of Florida’s statute of limitations. According to Florida Statutes § 95.11, you generally have two years to file a medical malpractice lawsuit. This starts either from the date of the injury or the date you discovered the injury, but, unless a rare exception applies, no more than four years from the date of the malpractice.
Even if you believe your case will settle without a trial, this time limit can affect you. If it expires and you have not secured payment, the insurance company may deny your claim or lowball your offer, and you will have no legal recourse.
Contact Freidin Brown, P.A. About Your Medical Malpractice Injury
For over 45 years, the legal team at Freidin Brown, P.A. has fought for medical malpractice and personal injury victims in Florida. We have achieved significant compensation for our clients, in and out of the courtroom.
If you or your loved one suffered an injury caused by medical negligence, our medical malpractice lawyers can pursue your claim and aggressively seek the money you need to heal. We have conducted over 300 trials and have the resources and experience to construct a robust case. Contact us online or call today for a free and confidential case evaluation. We charge no upfront costs or fees for our services.
