3 Factors that Affect Florida Medical Malpractice Settlement
If you suffered harm because of a Florida health care provider’s medical error, one of the first questions you’ll ask is “How much is my medical malpractice settlement worth?” One potential answer comes from the 2019 Medical Malpractice Payout Report prepared by the National Practitioner Data Bank: The average payout for claims across the US was $348,065, while it was $268,466 in Florida.
Unfortunately, though these amounts provide a ballpark figure, you can’t extrapolate them to come up with an exact value for your own claim. There are too many unique variables in a claim for medical negligence, and payouts for a settlement are very different from a verdict at trial. A Miami medical malpractice attorney can provide you with an estimate after conducting a thorough investigation, but you might find it useful to understand the factors that affect how much your medical malpractice settlement is worth.
- The Nature and Extent of Your Injuries: The most influential factor in a med mal settlement is your injuries; generally, the greater the bodily harm, the higher the amount. Part of the reason they’re important is that you need treatment for your injuries, and you’ll incur medical costs for care. With extreme, severe harm, you could require more extensive treatment or sustain permanent disability. Plus, you could endure significant pain and suffering related to medical malpractice. Though you can’t put a dollar figure on this element, you can assume your settlement will be higher for serious injuries.
- Other Losses from Medical Malpractice: There are other implications that affect your life as the victim of medical negligence, so you may be entitled to monetary damages for:
- Your lost wages, if you were unable to work;
- Out-of-pocket costs, such as expenses for prescription drugs and transportation to and from appointments;
- Non-economic damages in addition to the pain and suffering mentioned above, such as scarring and disfigurement, emotional anguish, and the losses you endure from diminished quality of life.
- Strong Evidence of Medical Negligence: Having proof of your losses is just one element of a medical malpractice claim, as you’ll also need to show causation. In Florida, you’re required to prove that the health care provider deviated from the accepted standard of care that applies in the relevant medical field. The analysis requires comparison to what a hypothetical doctor would have done under the same circumstances, so it’s important to have strong evidence through:
- Your medical records;
- Lab test and screening results;
- Statements from witnesses; and,
- Testimony from medical experts.
Discuss Settlement Issues with a Florida Medical Malpractice Attorney
Our goal at Freidin Brown, P.A. is to get you top compensation for a medical malpractice settlement, and we have extensive experience negotiating with insurance companies. However, if the insurer refuses to pay a fair amount, we’ll take your case to court. To learn more about our process and how we can help, please contact our offices. We can set up a no-cost case evaluation to review your circumstances and explain your legal options.
Resource:
Top Factors Behind Medical Errors in the Emergency Department
