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How Much Compensation Will I Get For A Medical Negligence Injury?

Determining The Amount Of Damages In A Florida Medical Malpractice Case

Any money that you are awarded by a judge, by a jury or through settlement of a medical malpractice case is considered your damages. Damages can be a form of compensation for your losses and expenses and punishment of the doctor or health care professional who caused your injury.

At Freidin Dobrinsky Brown & Rosenblum, P.A., our medical negligence attorneys have developed a history of achieving successful results in medical malpractice cases. If you have questions about filing a medical negligence suit or how to value your losses after a medical mistake results in serious injury, contact our Miami firm online or at 800-815-6232 to schedule a free consultation.

Damages In a Medical Malpractice Case

Figuring out how much a medical malpractice case is worth requires putting dollar amounts on the following types of damages:

  • Medical expenses
  • Lost wages
  • Loss of earning capacity
  • Loss of consortium
  • Pain and suffering, including emotional distress or anxiety
  • Punitive damages (intended to punish the negligent doctor, surgeon or hospital)

Unfortunately, the Florida Legislature has arbitrarily limited the amount of money that can be recovered in a medical malpractice suit. In doing so, the Legislature unfairly shifted the burden of the cost of a medical mistake or hospital negligence onto the victim. At Freidin Dobrinsky Brown & Rosenblum, P.A., we will work to obtain full and fair compensation for your injuries, to the extent the law allows.

Florida has capped the amount of money that can be awarded for pain and suffering in a medical malpractice case at $500,000 if caused by a health care practitioner or $750,000 if caused by a nonpractitioner. If the medical mistake or hospital negligence causes serious injury or death, the cap is raised to $1 million if caused by a practitioner and $1.5 million in the case of a nonpractitioner. These are considered noneconomic damages.

Florida has also limited the amount that can be awarded as punitive damages. The limit on such damages is not a dollar amount like the pain and suffering cap, but an additional requirement that the injured person prove that the health care professional intended to cause serious harm.

Contact Our Miami, FL Law Firm

If you have questions about filing a medical malpractice lawsuit, including whether your potential recovery is worth the time and effort of pursuing a medical negligence claim, our attorneys are here to help. At Freidin Dobrinsky Brown & Rosenblum, P.A., we offer a free initial consultation and the benefit of 90 combined years of experience to each person with whom we work.

Contact our South Florida law firm online or at 800-815-6232 to schedule a free consultation.

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