Medical malpractice damages may be applicable when you have sustained an injury, and you can prove it is due to the negligence of a healthcare facility or health professional. If you have been harmed, you can pursue recovery of compensatory damages. These damages are meant to cover the medical expenses resulting from your injury, as well as to help you with tangential losses such as lost wages and diminished future earning potential.
Traditionally, medical malpractice caps have been in place to limit the amount of money a plaintiff can recover.
Medical Malpractice Caps
Some states have set a cap on the amount of damages you can seek in a medical malpractice case. When this is done, it is to ensure that the total amount of compensation will not negatively impact a medical facility’s ability to remain operational and treat their patients. However, Florida does not impose medical malpractice caps in two of three categories.
Non-Economic Medical Malpractice Damages: Florida does not place a cap on non-economic damages. These damages are the compensation a victim can seek for pain, mental suffering and loss of companionship which occur as a direct result of the malpractice or negligence. They are called non-economic damages as they refer to a type of loss that can’t be effectively measured. Until 2017, a variety of caps were used for non-economic damages in Florida malpractice lawsuits. However, the caps were overturned in a ruling by the Florida Supreme Court. The court determined that the caps in place prevented malpractice victims from seeking fair compensation.
Economic Malpractice Damages: Economic damages apply to measurable losses from a malpractice event. These generally include the medical expenses including the costs of treatment, hospitalization costs, doctor’s fees, prescription medicine, and future medical treatment, therapy, and rehabilitation which may be needed. If the victim is incapable to go back to work for a period of time, economic damages may include a percentage of the weekly wages. Computing the correct dollar amount for economic damages must take into account certain specific factors. An experienced Sarasota malpractice attorney can assist in calculating the proper amount for your situation. There are no caps on economic damages in Florida, however, the court must be shown that these damages cover only the losses that are directly a result of the medical malpractice.
Punitive Damages: These damages are in place to punish especially unethical or egregious behavior. The courts still impose limits on this class of damages. Compensation is typically limited to 3x the amount of other awarded damages, or $500,000, whichever is greater.
Did You Know? Insurance companies often contend that damage caps are necessary so empathetic juries don’t grant extreme awards to plaintiffs. However, caps on jury awards have not traditionally resulted in lower insurance costs, and they haven’t helped claimants in court. However, many people feel that caps only protect doctor, and disregard the plight of the victim.
Sarasota Medical Malpractice Attorneys
If you have experienced harm due to medical malpractice, you have the option of filing for compensatory damages. However, it is recommended that you hire an experienced malpractice attorney to help with your case. These types of lawsuits can be very complex and involve many complicated details. A plaintiff will be required to provide supporting evidence, source expert testimony, and relevant medical records.
The legal team at Probinsky & Cole have the experience and expertise you need to navigate through the process of medical malpractice lawsuits.
