You have a right to health and well-being. When you put yourself in the hands of trusted medical professionals, you expect competence, respect, and impeccable professionalism.
When your treatment does not meet the required standard of care and you suffer as a result, you are entitled to compensation. If you think you might have a medical injury claim, a Florida medical malpractice attorney can represent you and defend your rights in court.
What is the Difference Between Medical Malpractice and Medical Negligence?
Medical negligence and medical malpractice both involve causing harm to another. Medical negligence is when a health care worker makes a mistake that unintentionally harms a patient. Medical malpractice is when a health care professional intentionally fails to provide the required standard of care.
What Is Standard of Care?
According to Florida statutes 766.101, “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.”
Health care professionals are responsible for providing the standard of care that precisely matches standards of care in other cities under similar conditions. It means providing uniform treatment for uniform conditions across regions.
Florida Compensation for Medical Malpractice Cases
Florida has no limit on the amount of economic damages the courts can award. Economic damages include present and future medical and care costs. They also include present and future lost wages due to permanent disability.
On the other hand, non-economic damages are limited even though the injuries they are meant to compensate for are usually more serious. Non-economic damages include disfigurement, pain, and suffering, and lost quality of life. In states without a non-economic damages cap, the damage awards can be among the highest on record.
Under Florida statute 766.118, the non-economic damages cap is $500,000 for health practitioners, $750,000 for non-practitioners, and up to $1 million if death or permanent vegetative state results.
If the court decides that “manifest injustice” could result if the non-economic damages are not increased, the claimant could receive up to $1 million. A “manifest injustice” is a clearly unjust or unfair outcome for a claimant who has suffered catastrophic injuries as a result of negligence or malpractice. The maximum non-economic damages in such a case would be $1.5 million.
In order to receive compensation in a medical malpractice claim, you must clearly show that a health care professional provided you with substandard medical care and that their negligence caused you harm.
If you have been injured by the negligence or malpractice of a health care professional, a Florida medical malpractice attorney can help you win your case.
Regardless of your injury or illness, an experienced Florida medical malpractice lawyer can help you collect your due. A Florida medical malpractice attorney will fight for your right to a fair trial and a just settlement.
One of the experienced Florida medical malpractice lawyers at Bodden & Bennett Law Group can review your case and advise you of your options. There is no charge for your consultation, and you owe us nothing unless we win.
