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Florida Personal Injury

Orlando Medical Malpractice Lawyer

We often like to imagine doctors, surgeons, and nurses infallible. They hold the key to our health and, at times, our lives. Their knowledge of the human body is beyond most people’s comprehension, which means that we put our complete trust into their decisions. But, just like us, our health care professionals are human too, and therefore fallible. In fact, the mistakes that are made everyday in hospitals around the country cause the premature deaths of hundreds of thousands of patients. Moreover, thousands of patients suffer from chronic pain or prolonged illness due to the mistakes made by doctors and other health care staff. These injuries can accrue massive medical bills, cause immense pain and suffering, and can even cause patients to lose their jobs if the injury creates a disability. If you have reason to believe that your doctor made a tremendous mistake in diagnosis or treatment, you may be owed considerable compensation. However, the statute of limitations for medical malpractice in Florida is just two years, which means there is usually no time to wait. Contact an experienced Orlando medical malpractice lawyer with The Pendas Law Firm today so that we can begin our investigation as soon as possible.

Study Reveals Top Motivators For Medical Malpractice Lawsuits

A study done in 1992 (Hickson et al.) sought to find out what the leading motivators for filing medical malpractice lawsuits were in cases of death or perinatal injury. Over 120 Florida families that had suffered deaths to mothers or infants or permanent perinatal injuries were surveyed by phone. Most families gave more than one motivating reason for suing, which is why the percentages do not add up to 100. The leading reasons were:

  • 33 percent were advised to sue by someone outside of the immediate family, over half of those people being medical professionals;
  • 24 percent required financial assistance for long term care;
  • 24 percent believed the physician was not honest or misled them;
  • 20 percent believed their child would not have a future;
  • 20 percent filed lawsuits to glean information about what had happened; and
  • 19 percent sued to either seek revenge or to diminish future mistakes.

Living With a Disability Caused or Exacerbated By Medical Malpractice

We strongly encourage our you to pursue the maximum amount of compensation possible for two reasons: the true extent of your injury or illness may not reveal itself until later, and there are many hidden costs associated with serious disabilities. The extra cost of living for those with disabilities can be $7,000 per year. These and other medical costs are associated with the following:

  • Hiring a personal assistant;
  • Hiring help for housekeeping and yard work;
  • Not being able to drive and relying on hired transportation;
  • Depending on the disability, the costs of a wheelchair, computer software for the blind, or modifications to your home;
  • Medical device purchases and upkeep;
  • Ongoing physical therapy; and
  • Lost wages, on top of everything else.

The costs of a serious illness or injury can mount over the years to the six and seven digits. You need to protect yourself and your family by aggressively pursuing full compensation for all of your damages.

Medical Malpractice Caps in Florida for Non-Economic Damages Were Lifted Recently

In Florida, there are no caps on economic damages for victims injured by medical malpractice. Economic damages are damages that have a direct financial consequence, such as medical bills and lost wages or earning capacity. Non economic damages were capped for decades at certain levels, depending on specific circumstances. Non economic damages include pain and suffering, loss of joy of life, loss of consortium in the event of a death, and emotional turmoil. Florida’s caps were as follows up until very recently, according to statute 766.118. However, a recent Florida Supreme Court ruling found that capping non-economic damages for those who have been severely injured is unconstitutional, according to the Sun Sentinel. The following caps are no longer in place:

Practitioners

  • $500,000 in most injury cases caused by practitioners;
  • $300,000 for injuries caused to Medicaid practitioners;
  • $1 million for a catastrophic injury caused by a practitioner, such as a the loss of a leg;
  • $1 million for death or injuries caused by a practitioner resulting in a permanent vegetative state; and
  • $150,000 for negligent emergency care services.

Non Practitioners 

  • $750,000 in most cases for injuries caused by non-practitioners;
  • $1.5 million for injuries resulting in death or permanent vegetative state, caused by non-practitioners;
  • $1.5 million for catastrophic injuries caused by non-practitioners; and
  • $750,000 for injuries caused during emergency services and care by non practitioners.

Because the above capping system was in place for so long, and because it was not until June of 2017 that non-economic damage caps were lifted, the realm of medical malpractice law is still in motion when it comes to negotiations. You need an attorney who is a strong negotiator so that your pain and suffering does not get ignored by your doctor’s insurance provider.

We Must Prove That The Standard Of Care Was Broken

Not all mistakes are grounds for a medical malpractice lawsuit. No doctor can cure every disease or injury, and the outcome of every serious medical procedure has its inherent risks. However, all physicians are required to abide by a similar standard of care. That means that an Orlando patient being treated for liver disease should receive similar treatment that a doctor treating a Tampa patient with liver disease would use. If it can be proven that the same standard of care was not taken, and that was the cause of the medically induced injury or illness, that may be the necessary grounds for a successful lawsuit. If you have suffered in injury or illness at the hands of your healthcare provider, call The Pendas Law Firm at 1-888-573-6327 today to discuss your case with one of our experienced Orlando medical malpractice lawyers. Let us assist you today with your medical malpractice case.

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