Florida Medical Malpractice Settlements (Secure Your Compensation)

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Florida medical malpractice can be overwhelming, particularly if you are trying to get your due money.

Medical malpractice occurs when a healthcare provider neglects a patient and does not follow the recognized standard of care.

Whether the cause is a misdiagnosis, surgical error, or other forms of negligence, victims have the right to pursue a medical malpractice claim.

However, understanding the process, potential payouts, and damages involved is crucial for those considering legal action.

What Is Medical Malpractice?

Healthcare providers acting negligently toward a patient are considered engaging in medical malpractice.

This breach can take many forms, from failing to diagnose a condition properly to making surgical mistakes. 

Medical malpractice frequently involves incorrect diagnosis, ineffective treatment, and neglect of alerting patients to potential risks.

Individuals who sustain injuries due to medical malpractice might be eligible for compensation for their medical expenses, lost earnings, and non-tangible losses like pain and suffering.

Factors Influencing Florida Medical Malpractice Settlements

Several factors influence medical malpractice settlements in Florida.

The circumstances of each case play a significant role, including the severity of the injury, the type of medical negligence, and the defendant's willingness to settle.

On average, medical malpractice payouts in Florida hover around $314,687.

However, more severe cases, such as those involving wrongful death or lifelong disabilities, can lead to settlements in the millions.

Average Payout for Medical Malpractice in Florida

Average Payout for Medical Malpractice in Florida

The typical compensation for medical malpractice lawsuits in Florida varies greatly. Cases involving surgical errors or misdiagnoses can result in settlements ranging from $300,000 to over $1 million.

The settlement amounts depend on the case's complexity and whether it goes to trial or is settled out of court.

In recent years, the Florida Supreme Court has ruled on several significant medical malpractice cases that have impacted how damages are capped and calculated.

For example, the ultimate payout may be impacted by the fact that non-economic damages such as pain and suffering are frequently capped at certain levels.

Types of Damages in Medical Malpractice Cases

Medical malpractice cases can result in various types of damages, including:

  • Economic Damages cover tangible costs such as medical bills, lost wages, and future medical expenses. Past and future medical costs can add up quickly in severe cases, making this a significant portion of the settlement.

  • Compensating pain and suffering, emotional distress, and intangible losses that are more difficult to measure are examples of non-economic damages.

  • Punitive Damages: In situations involving egregious negligence or deliberate harm, the plaintiff may be granted punitive damages to penalize the defendant and discourage similar behavior in the future.
The Value of Consulting a Lawyer for Medical Malpractice

The Value of Consulting a Lawyer for Medical Malpractice

Given the complexity of medical malpractice lawsuits in Florida, hiring a skilled medical malpractice attorney is essential.

A knowledgeable lawyer can help with understanding Florida law, obtaining the required documentation, and ensuring that medical malpractice claims are made before the statute of limitations expires.

The two-year statute of limitations typically applies in Florida but can vary depending on the case's specifics.

Having an experienced injury lawyer by your side also improves your chances of getting a reasonable settlement or verdict.

Florida personal injury attorneys are well-versed in medical malpractice law and can help plaintiffs receive the compensation they deserve.

Steps to Filing a Medical Malpractice Lawsuit

If you believe you've been the victim of medical malpractice, it's crucial to take the proper steps:

  1. Speak with a Medical Malpractice Lawyer: It is critical to speak with a knowledgeable lawyer before bringing a medical malpractice claim. After reviewing your case, they will decide whether you can successfully sue for medical malpractice.

  2. Gather Evidence: This includes obtaining medical records, consulting with a medical expert, and documenting all medical expenses and damages caused by the malpractice.

  3. Bring Legal Action: Your Florida attorney will assist you in bringing a malpractice claim, ensuring all legal requirements are met and Florida law is followed.

Florida Reliability Statute for Medical Malpractice

In Florida, the plaintiff has two years from the date of the injury to know or should have known that the injury had occurred to file a claim for medical malpractice.

However, certain circumstances, such as discovering the injury later, can extend this period.

It is imperative that you take immediate legal action. It may be dismissed if a lawsuit is filed after the statute of limitations.

Get the Legal Help You Need with Ryan Hughes

Although managing a medical malpractice case can be difficult, you can get the compensation you are entitled to with the correct legal assistance.

If you’ve suffered due to medical negligence, don’t hesitate to call us. 

Contact Ryan Hughes Law for a free consultation now to make the first move toward getting the justice and compensation you deserve.

Call us now to discuss your case with one of our experienced medical malpractice attorneys.

FAQs

What is considered medical malpractice in Florida? 

Medical malpractice occurs when a healthcare provider neglects to follow the recognized standard of care, leading to injury or harm. This can involve surgical errors, misdiagnoses, improper treatment, or failure to inform a patient about risks.

How much compensation can I expect from a medical malpractice claim in Florida? 

The extent of the injury and the particulars of the case determine the settlement amount. On average, medical malpractice payouts in Florida range from $300,000 to over $1 million, especially for more severe cases involving lifelong disabilities or wrongful death.

What kinds of losses am I entitled to in a medical malpractice case? 

Damages include, among other things, non-economic losses like pain and suffering, economic losses like medical costs and lost wages, and, in some instances, punitive damages in the event of egregious negligence or injury.

What is the statute of limitations for filing a medical malpractice claim in Florida? 

To file a medical malpractice claim in Florida, you usually have two years from the date of the injury or from the time you learned about it. Certain circumstances, like discovering the injury later, may extend this period.

How come I need to hire a lawyer for medical malpractice? 

Legal knowledge and a wealth of evidence are necessary in complex medical malpractice cases. Gaining a fair settlement or verdict is more likely when you have an experienced attorney ensuring that your claim is filed on time and gathering all necessary documentation.