How Much is My Stroke Medical Malpractice Case Worth?
While it’s a common question for victims of stroke-related medical malpractice to ask, the truth is that there’s no easy answer that applies for everyone. Every case has different factors to be considered in evaluating the potential value of a case, whether obtained through out-of-court settlements or as the result of a trial verdict. However, by taking a closer look at these considerations and how they apply to your circumstances, you may be able to get a sense of how your case might be valued.
However, in order to maximize the value of your potential case, the most important thing is to retain an experienced Florida medical malpractice attorney to fight for your rights as the victim of an avoidable stroke. Your lawyers can explain these concepts in more detail and will make every effort to maximize your monetary damages.
Factors That Affect the Value of a Medical Malpractice Case: Through an investigation into the following issues, your lawyers will be able to get a more accurate picture of what your claim for stroke malpractice is worth.
- Severity of Your Medical Malpractice Injuries: The most important factor is the extent of the bodily harm you experience because your doctor made an error in treating or diagnosing a stroke. Obviously, the greater the damage, the greater the case value. Part of this analysis is whether you were working at the time of the stroke, and the future earning capacity that you lost as a result of the stroke.
- Strength of Liability: A stroke malpractice case is premised on whether the doctor or nurse was at fault for resulting damages. The clearer it is that the doctor, nurse, or hospital made an error, the stronger the case will be. If there is weak evidence that the health care professional erred, then the value of the case is diminished. As such, the case value depends largely on the evidence proving liability. You’ll need to show that your physician was negligent in treating you, meaning he or she deviated from the generally accepted medical standard of care that applies to all doctors. Examples of evidence in this area include:
- Medical records;
- Results from lab tests and screenings;
- Emails and text messages with your health care provider; and
- Medical expert testimony.
Calculating Damages for Stroke Medical Malpractice: Based upon the specifics of your case, you may be entitled to recover two types of compensation for your losses in a medical malpractice claim.
- Economic damages, which include ascertainable losses such as past and future medical expenses and lost income; and
- Non-economic damages, a more subjective form of losses that includes pain and suffering, emotional distress, and mental anguish. Your close family members meeting certain criteria may also have a claim for damages caused to them as a result of an avoidable stroke.
Currently, there’s no law in place that imposes a statutory cap on non-economic damages. A previous law limited you to $500,000, but that statute was found unconstitutional by the Florida Supreme Court in 2017. There was another legislative attempt in 2019, but the replacement bill to place a cap on non-economic damages died in committee of the Florida House of Representatives.
Discuss Compensation Issues with a Florida Medical Malpractice Lawyer
If you suffered a stroke and suspect that there was misconduct involved with diagnosing, treating, or incorporating preventative measures, good legal representation is essential. To learn more about your rights, please contact the Florida medical malpractice attorneys at Freidin Brown, P.A. We can schedule a free consultation with an experienced attorney at our offices in Miami or Fort Myers, FL.