Medical malpractice occurs when the negligence of a healthcare professional or medical facility causes an injury to a patient. Patients who are injured due to medical malpractice in Florida may be entitled to significant financial compensation. However, many states impose a cap on the maximum amount of compensation an injured patient may recover.
This is usually done to ensure that the amount of compensation a patient receives isn’t large enough to affect a medical professional’s or facility’s ability to continue to treat patients. In this article, we examine whether there are any caps on medical malpractice in Florida.
If you have been injured due to the negligence of a healthcare professional in North Miami Beach or elsewhere in Florida, please contact an experienced Miami medical malpractice lawyer for assistance.
Economic Damages for Medical Malpractice
Economic damages refer to financial losses sustained from a malpractice injury. They are usually supported by documentation proving a financial loss, such as medical bills, pay stubs, etc. Economic damages are much easier to calculate than non-economic damages.
Common economic medical malpractice damages include the cost of
- Treatment, hospitalization, surgery, and prescription medicine.
- Future medical treatment, therapy, and rehabilitation that a party may need to fully recover from a malpractice injury.
- Loss of wages and lost earning capacity.
A malpractice attorney can help you calculate all your economic losses.
Caps On Economic Medical Malpractice Damages
There are no caps on economic damages for medical malpractice in Florida. Therefore, a person may seek economic damages in any amount that stem from the injury. However, to recover economic damages, the plaintiff must demonstrate in court that these damages are a direct result of malpractice. To do so, it is advisable to seek the counsel of an experienced medical malpractice attorney.
Non-Economic Damages for Medical Malpractice
Non-economic damages are the compensation a party may seek for subjective losses caused by medical malpractice, such as pain, loss of companionship, and mental anguish. Given their subjective nature, non-economic damages can’t be directly measured.
However, a Miami medical malpractice lawyer may be able to help you estimate the value of your non-economic damages.
Caps On Non-Economic Medical Malpractice Damages
Until 2017, Florida imposed a variety of caps on non-economic medical malpractice damages through section 766.118, Florida Statutes.
For instance, if a medical practitioner’s negligence caused the malpractice, then the maximum amount of non-economic damages available to an injured party was $500,000. If emergency rooms or healthcare workers caused the malpractice, the cap on non-economic damages was set at $150,000 per claimant or $300,000 for multiple claimants. And when a party filed a medical malpractice lawsuit against a non-practitioner entity, such as a healthcare facility, the statutorily imposed cap for non-economic damages was $750,000.
However, in 2017, the Florida Supreme Court ruled that these caps violated the Florida Constitution. In its decision, the court held that the caps arbitrarily barred victims of malpractice from seeking fair compensation. As a result of the Florida Supreme Court’s decision, Florida no longer imposes a cap on non-economic damages in medical malpractice lawsuits.
Contact a Miami Medical Malpractice Lawyer for Help
If you or a loved one have been harmed due to the negligence of a medical professional or facility in Miami, FL, you may be entitled to compensation for your medical bills, lost wages, pain and suffering, and more. However, to give yourself the best chance at success in your lawsuit for medical malpractice in Florida, you need an experienced Miami attorney on your side.
At Lavent Law, P.A., we will vigorously pursue financial compensation on your behalf, doing everything in our power to ensure that your rights are protected. Please contact us today to schedule a free initial consultation.