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Florida Personal Injury

Florida Medical Malpractice Lawyer

When you place your life and health, or that of your loved ones, into the hands of doctors and nurses, you have a right to be treated with competence, respect and professionalism. We all know that things don’t always turn out the way we wanted them to, and we all have to face the end sometime. Whether it’s in a hospital or a nursing home, we all have a right to expect the best from those we entrust with our care. But when a doctor or nurse fails in their duty, and you or someone you love suffers for it, it feels like you have been betrayed. Many times, only the courts can begin to address the injustice of medical malpractice. Our Florida medical malpractice lawyers have offices in Orlando, Fort Myers, Tampa, Jacksonville, West Palm Beach, Fort Lauderdale & Miami, contact us today.

What is Medical Malpractice?

Medical negligence is similar to negligence that occurs when a driver speeds through a red light and T-bones another vehicle, killing or maiming its occupants. Doctors and healthcare professionals are held to a high standard of care, much like drivers are held to a particular duty of care to drive safely and in a reasonable fashion. Healthcare professionals must give a standard of care that corresponds with the same type of care that another doctor would give in the next town over to a patient in similar conditions. For example, if one doctor in Miami found that their 67-year-old patient had very high blood pressure, they would prescribe the appropriate type and dose of blood pressure medication that a doctor in Fort Lauderdale would prescribe to their 67-year-old patient with the same high blood pressure numbers. The standard of care is the agreed upon treatment method for a type of condition for a particular patient within a particular region. Standard of care is described as “the prevailing professional standard of care is that level of care, skill, and treatment which, in light of all relevant surrounding circumstances, is recognized as acceptable and appropriate by reasonably prudent similar health care providers,” according to Florida statutes 766.101.

Non Economic Damages Cap in Florida

In Florida, there is no monetary limit to economic damages resulting from medical malpractice. These damages include medical expenses, future medical and care costs, lost wages, and future wages lost due to permanent impairment. Unfortunately, there is a limit on the non economic damages that you can receive in Florida for medical malpractice cases. These non economic damages, such as pain and suffering, disfigurement, and loss of quality of life, are often the most serious damages sustained when mistakes are made by doctors and surgeons, and in states where there is no cap, they are the most highly compensated consequences of medical malpractice cases. The non economic damage cap is set at $500,000 for practitioners and $750,000 for non practitioners for each, according to Florida statutes 766.118. However, if death or permanent vegetative state occur from malpractice, the maximum amount a claimant can receive is $1 million. Additionally, a claimant may be able to recover up to $1 million if the court decides that a manifest injustice (an outcome that is obvious injustice or clearly unfair) would occur if the increased non economic damages were not awarded to a claimant who suffered catastrophic injuries at the hand of a negligent practitioner. Similarly, the total non economic damages, for such a special catastrophic scenario described above, that a claimant can receive if the malpractice was caused by a non practitioner is $1.5 million. No matter your injuries or illnesses, our experienced medical malpractice lawyers will aggressively pursue the maximum amount you can receive for pain and suffering and/or disfigurement or loss of quality of life, in addition to maximising your compensation for all economic damages as well.

Contact our Experienced Florida Medical Malpractice Lawyers Today

Our Florida medical malpractice lawyers will gladly review your medical records to see if there was an important mistake made and let you know what your options are, free of charge.

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