What Is the Average Medical Malpractice Settlement in Florida?

Thousands of Florida residents rely on various medical professionals every day to treat their illnesses and injuries and to provide safe and effective preventative care. Unfortunately, medical errors and malpractice continue to be commonly cited causes of serious personal injuries and even deaths throughout the country. When malpractice happens, victims and their families are likely to have many pressing legal questions concerning their potential recovery options.

One of the most common questions victims of medical malpractice have after their experiences is how much compensation they could potentially claim. Florida state law enforces strict rules regarding medical malpractice cases, and it’s vital to know and understand these statutes as they apply to your unique situation.

Calculating Medical Malpractice Damages

Florida law enables the plaintiff in a medical malpractice case to seek full recovery from all the economic losses they sustained because of the defendant’s actions. If a medical professional injured you, this has likely generated additional medical expenses beyond the cost of treating your original issue. The medical professional who hurt you is responsible for any and all medical expenses incurred to correct their error.

Your medical injury may have caused some level of permanent harm. Catastrophic injuries can potentially prevent victims from working or even living independently. If your ability to work and earn income was impaired by the defendant, they are liable for these losses as well. An experienced attorney will help you assess the total value of lost income and lost earning potential you can include as economic damages in your medical malpractice claim.

Beyond your economic damages, you also have the right to seek compensation for the physical pain, emotional distress, and psychological suffering you experienced from the defendant’s malpractice. While there is no cap on pain and suffering damages in most other Florida personal injury claims, state law limits noneconomic damages in medical malpractice cases to $500,000. The only exception would be malpractice resulting in death or a permanent vegetative state, in which case the victim’s family could receive $1 million in pain and suffering compensation.

The right attorney is an invaluable asset when it comes to accurately assessing the total value of your claim. The average person can probably manage to calculate immediately noticeable losses like missed wages from time they could not work and increased medical bills. However, they will likely need legal counsel to help them calculate long-term losses and the total cumulative economic impact of their experience.

Filing Your Medical Malpractice Claim

Before you can proceed with your civil suit against the defendant in your medical malpractice case, you must first send a formal Notice of Intent to File Suit along with an affidavit of merit. This notice informs the defendant of your intent to file your medical malpractice claim. The affidavit must come from a medical professional who possesses similar or greater credentials and experience to that of the defendant, and it must explain in detail how the defendant caused the plaintiff’s injury and why the injury was the result of medical negligence.

Do not attempt to handle the procedural requirements of your medical malpractice claim alone while recovering from your injury. Have an experienced medical malpractice lawyer represent you in your claim and assist you in securing the compensation you need to recover your damages. Your legal team will handle all the preliminary requirements of your case, such as drafting your Notice of Intent to File Suit and obtaining an affidavit from a suitable expert witness. They will also uncover all forms of compensation you can seek from the defendant to maximize the final compensation you obtain.

FAQs

Q: What Is the Limit on Medical Malpractice Damages in Florida?

A: Florida state law does not limit economic damages in medical malpractice claims. The plaintiff has the right to seek full repayment of all the economic losses they suffered because of the defendant’s actions. These are likely to include medical expenses for treating the injury and lost income for time spent in recovery. State law does, however, limit noneconomic damages, or compensation for pain and suffering. The most you can receive is $500,000. If malpractice causes a permanent vegetative state or death, the victim’s family may receive up to $1 million in noneconomic damages.

Q: What Is the Most Common Type of Medical Malpractice Claim?

A: Misdiagnosis is one of the most commonly reported types of medical malpractice in the US. This can happen whenever a physician delivers an incorrect diagnosis, takes too long to accurately diagnose their patient, or fails to deliver an accurate diagnosis at all. The patient’s condition could be left untreated and worsen, and it’s also possible they could undergo treatments they do not actually need.

Q: How Much Is My Medical Malpractice Claim Worth in Florida?

A: Florida state law may limit the amount of noneconomic damages you could receive in your medical malpractice claim, but you can claim the entire extent of economic damages the defendant caused. This includes immediate and long-term damages resulting from the defendant’s malpractice. For an estimate of your case’s potential value and the best chance of maximizing your final compensation, you need to consult a medical malpractice attorney as soon as possible.

Q: What Difference Can a Medical Malpractice Attorney Make?

A: The right attorney can not only streamline your medical malpractice claim proceedings substantially and help you recover your damages faster but can also help you recover much more than you initially expected.  A good medical malpractice attorney can handle all the procedural aspects of your case and help you build a compelling claim while you rest and focus on your recovery. Even after accounting for the cost of hiring them, they can improve the final compensation you obtain significantly.

Cronin & Maxwell, PL has years of professional experience handling medical malpractice claims for Florida clients. We know the challenges you are likely to face in your recovery efforts and the questions you’re likely to have concerning your final compensation. If you’re ready to explore your options for legal recourse after an injury from medical malpractice, contact Cronin & Maxwell to schedule your consultation with our team.