What Are the Available Damages in a Florida Medical Malpractice Claim?
We trust medical professionals to provide proper care and prevent harm from arising. However, this is not always the case. Sometimes, healthcare providers fail to meet the accepted standard of care. When a healthcare provider deviates from the standard of care, and this results in harm, the victim and/or their loved ones can file a medical malpractice claim and seek damages. If you or a loved one has been a victim of medical malpractice in Florida, understanding the damages you may be eligible to recover is vital. Under Florida law, claimants in medical malpractice cases can recover several types of damages categorized into economic, non-economic, and punitive. Read on to learn more.
What Are Damages in a Medical Malpractice Claim?
After suffering harm due to a medical professional’s negligence, victims or their loved ones can file a medical malpractice claim and seek damages. But what exactly are damages? In a medical malpractice claim based on personal injuries, damages refer to the financial compensation awarded to the victim or the victim’s family for the harm caused by the medical professional. In a medical malpractice case, damages are awarded if it is found that the healthcare provider deviated from the standard of care and caused harm. In a Florida medical malpractice case, the sum of money included in the damages can be economic, non-economic, or, in some cases, punitive damages. Economic and non-economic damages are collectively called compensatory damages, whereas punitive damages are regarded as non-compensatory damages. These different categories of damages are discussed in more detail below.
Economic Damages
One form of damages you can recover in a Florida medical malpractice claim is economic damages. Economic damages compensate the victim or their loved ones for measurable losses which can be legally related to the malpractice. Economic damages are objectively verifiable monetary losses that can be claimed with the help of receipts, invoices, bills, etc. They include medical expenses and lost income.
Non-Economic Damages
Non-economic damages address the intangible harm suffered due to the malpractice. These damages are subjective, meaning they are harder to quantify. Unlike economic damages, non-economic damages cannot be verified using receipts, bills, invoices, etc. In a Florida medical malpractice claim, the following are some of the non-economic damages that can be recovered;
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Loss of society and companionship
Punitive Damages
Punitive damages are awarded only when a medical malpractice case meets a specific criterion. According to Florida Statute Section 768.72(2), a defendant in a civil case, such as a medical malpractice case, can only be held liable for punitive damages if there is sufficient evidence to show that they were guilty of gross negligence or intentional misconduct. Unlike economic and non-economic damages, which are meant to compensate the victim or their loved one, punitive damages are intended to punish the defendant and deter the same behavior.
It’s crucial to note that in Florida, punitive damages are capped. According to Florida Statute Section 768.73, these damages are generally capped at three times the amount of compensatory damages or $500,000, whichever is more. However, there may be some exceptions.
Contact Our Florida Medical Malpractice Lawyers
If you or a loved one have been a victim of medical malpractice, contact our qualified Florida medical malpractice lawyers at Gunn Law Group, P.A. We can help you determine the damages you may be entitled to recover.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0768/Sections/0768.73.html
