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After a Florida medical malpractice lawyer has established that a physician, hospital, or other healthcare provider is liable for professional negligence, the focus of the case shifts to the amount of medical malpractice compensation paid to the injured patient and their family.
The patient’s ability to collect the largest available medical malpractice damages then becomes a function of the skills and experience of their medical malpractice attorney, who will often need to put up a vigorous fight for those damages with negligent care providers and their malpractice insurance companies.
The medical malpractice attorneys at Kogan & DiSalvo have used their skills and experience to recover millions of dollars in damages for Florida residents who have suffered grievous injuries at the hands of careless doctors and healthcare facilities.
Our goal in every malpractice case is to give injured patients the resources they need to fully reimburse their malpractice expenses and prevent future harm from careless healthcare providers.
Types of Medical Malpractice Compensation in Florida
Three categories of compensation are generally considered when calculating damages in medical malpractice cases.
Economic damages
These are objective amounts that the injured malpractice victim can document, including:
- Bills from hospitals and doctors for services to treat a malpractice injury
- Invoices for occupational and physical therapy
- Transportation and lodging costs associated with attending appointments and receiving treatment
- Wages that the injured party was unable to earn while recuperating, as shown by that party’s regular pay stubs
- Costs associated with modifying a living space to accommodate medical equipment
Non-economic damages
This category of damages will reimburse a medical malpractice victim for:
- Pain and suffering
- Loss of consortium
- Reduction in the ability to enjoy regular daily activities
- Emotional distress
- Permanent scars or disabilities
Punitive damages
Unlike economic and non-economic damages awarded to a medical malpractice victim for their losses, punitive damages are levied against a negligent healthcare provider to discourage future medical malpractice.
Factors Affecting Medical Malpractice Damages Awards in Florida
Medical malpractice settlement amounts and jury verdicts are influenced by a medical injury lawyer’s skills and ability to emphasize the severity of the injuries suffered by a victim of medical negligence, the victim’s actual and anticipated future medical expenses, their lost wages and reductions in future earnings due to physical limitations caused by a medical malpractice injury, and the extent of their physical and emotional pain and suffering.
Are There Caps on Medical Malpractice Damages in Florida?
Since at least 2017, the Florida legislature has attempted to place a low cap on medical malpractice damages. The Florida Supreme Court, however, nullified the legislature’s attempt to impose a low cap on the non-economic portion of a damages award. As the State’s laws currently stand in mid-2023:
- There are no caps on economic damages
- In most cases, the limit on non-economic damages is $500,000
- Punitive damages are limited to $500,000 or three times the amount of compensatory (i.e., economic and non-economic) damages.
How to Maximize Your Medical Malpractice Lawsuit Award
The Florida medical negligence attorney you retain can maximize your medical malpractice settlement amount or jury award by marshaling all available evidence, procuring support from expert witnesses who have extensive experience in calculating damages related to medical errors, and allocating components of the award into the uncapped categories of damages.
A majority of medical accidents are caused by simple negligence. Because of this, the greatest unknown in maximizing your award in a Florida medical malpractice lawsuit is the likelihood of punitive damages. These damages are awarded only if a jury or other factfinder can establish that the negligent healthcare provider or facility is liable for gross negligence or willful or wanton misconduct.
Call the Florida Offices of Kogan & DiSalvo to Speak with a Medical Malpractice Lawyer
The Florida medical malpractice attorneys at Kogan & DiSalvo deeply understand the ruinous financial consequences of a medical malpractice error. There may be no way to reverse that error, but under Florida law, a victim of medical negligence has every right to recover the full amount of damages that is required to compensate for those damages and to deter the negligent provider from harming anyone else.
Medical malpractice lawsuits are complex matters that require the unique expertise of attorneys who understand how to use a case’s facts to recover fair damages for an injured patient. Please call any of our offices in South Florida, including our locations in Ft. Lauderdale and Palm Bay, for a no-fee, no-obligation conference with a medical malpractice lawyer with that experience and expertise.
