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5 Facts About Damages In Florida Medical Malpractice Cases


Damages in a medical malpractice case are intended to make the victim whole after being harmed by a health care provider’s negligence, and there is one important fact that stands out initially. Statistics indicate that Florida ranks in the Top 3 when it comes for med mal payouts by state, with compensation to victims hitting almost $10.6 billion over the last 20 years. To recover monetary damages in these cases, it is necessary to prove that the physician violated the applicable standard of care, causing harm to the patient.

While all aspects of a med mal 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. Your Miami medical malpractice lawyer will tackle the requirements to ensure you receive fair compensation, and some facts are also informative.

  1. Two Types of Damages: One form of compensation is reimbursement of the money you spent and costs you incurred because of med mal injuries. Economic damages cover your medical expenses, lost wages, transportation to doctor’s appointments, and other losses. Noneconomic damages are based upon how your life was negatively impacted by medical errors. Pain and suffering, emotional distress, and scarring and disfigurement are examples. 
  1. No Statutory Cap on Noneconomic Damages: In many US states, lawmakers have imposed a limit on what victims of medical malpractice can receive as pain and suffering. The statutory caps do not affect economic damages. Florida did have a statutory cap on noneconomic damages, but the law was struck down as unconstitutional in 2017. 
  1. Medical Experts are Essential: 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 are able to explain diagnosis, prognosis, and other technical terms in ways that a jury would understand for purposes of your losses. 
  1. Ways to Resolve Damages: The legal process is complex, but you will generally have the opportunity to try and settle your medical malpractice claim. However, insurers strive to pay out as little as possible to protect their financial interests. If the company refuses to agree to a fair settlement, you still have the option of filing a lawsuit in court.
  1. Options for Recovering Damages: 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 an installment arrangement

Discuss Legal Remedies with a Florida Medical Malpractice Attorney

 It is one thing to know that compensation is intended as reimbursement, but you can see how there are many factors that impact it. For more information on how damages work in a med mal case, please contact Freidin Brown, P.A. We can schedule a no-cost case review at our offices in Miami or Fort Myers, FL to analyze your circumstances.


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