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4 Factors That Affect Timing AND Amount Of A Florida Med Mal Settlement


There are basically two options for resolving a Florida medical malpractice claim, either reaching settlement or taking your case to trial. Generally, the legal requirements are the same for both: You need to prove that your physician departed from the standard of care defined under Florida’s medical negligence statute, which requires health care practitioners to deliver care in accordance with what is acceptable and appropriate by a similar provider. As you might expect, there are numerous benefits of a med mal settlement, especially since you can agree to terms and receive payment faster as compared to litigation.

However, there are still many variables that can arise during negotiations. Complex legal and medical issues, voluminous witnesses, and multiple potential parties may impact the discussions, though your Miami medical malpractice attorney will work to expedite the process to get fair compensation. Still, there are a few factors you should note about timing and amount when settling a medical negligence case.

  1. Medical Costs: A major component of your compensation in a medical malpractice settlement is the expenses you incurred to treat the damage done by a negligent health care provider. When attempting to reach an agreement, you must address losses related to:
  • Corrective surgery
  • In- and out-patient medical procedures
  • Hospitalization rehabilitation
  • Treatment from medical specialists
  • Physical and occupational therapy 
  1. Other Economic Damages: There are additional losses you may sustain as a direct result of doctor errors, and you probably have receipts and invoices representing the amounts. For instance, if you missed work because of your injuries, you may be entitled to recover for your lost wages. You might also incur costs for over-the-counter and prescription pain medications, as well as transportation expenses going to and from physician’s appointments. All of these factors affect the amount of your settlement, and they can impact timing if disputes stall negotiations. 
  1. Your Non-Economic Losses: You may be entitled to a separate category of compensation based upon how your med mal injuries affect you, your quality of life, and your relationships. These non-economic damages are not provable by receipts, but they may include:
  • Pain and suffering
  • Emotional distress
  • Scarring and disfigurement
  • Losses impacting your relationship with your spouse, children, and other loves ones 
  1. Contingency Legal Fees: Another issue that affects a med mal settlement is what you will pay your lawyer through a contingency fee arrangement. These agreements typically work on a percentage basis, where your attorney deducts legal fees from the total settlement amount. You will also be responsible for paying legal expenses, such as medical experts’ fees and costs of obtaining medical records. 

Contact Our Miami, FL Med Mal Lawyers to Discuss Your Options 

If you have concerns about treatment you received from a Florida health care provider, please contact Freidin Brown, P.A. right away. We can set up a free consultation at our offices in Miami or Fort Myers, FL to discuss your situation and answer questions. Once our med mal attorneys assess your circumstances, we can advise you on your legal options.



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