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Are There Caps on Florida Medical Malpractice Damages?

When making the decision to engage in a medical malpractice lawsuit in Florida, you will want as much information as possible, including information about the damages you may be able to recover. Damages in these civil suits are divided into two categories, economic and non-economic. Economic damages refer to the costs that result due to the injuries you suffered through the negligent treatment you received. These are damages that have a price tag, such as for the expenses of medical care required afterwards, your lost wages or earning potential due to being out of work, medical equipment you required, such as wheelchairs or other devices, and other actual out-of-pocket bills related to your condition after medical negligence or wrongdoing.

Non-economic damages are those that do not have a direct price tag on them. These are the intangible ways that you were affected by the medical malpractice, such as the pain, discomfort, and suffering you endured as a result. They can also include such damages as emotional anguish, loss of enjoyment of life, and loss of consortium for a spouse. These types of damages are more difficult to calculate because they are not straightforward with a price tag on them, such as you can find on a hospital bill.

Do you believe you may have a medical malpractice case? Contact the Law Offices of David C. Rash, P.A. at (954) 914-7116 to arrange to speak with a skilled attorney about your legal options.

Caps on Florida Medical Malpractice Damages

To answer the question regarding caps on damages in these cases, the working answer is: No, Florida does not have caps. Florida does have statutes on its books putting caps on medical malpractice lawsuits. These caps were a $500,000 cap on the non-economic pain and suffering damages and a $1 million cap on non-economic damages if the malpractice led to death or a vegetative condition.

The Florida Supreme Court ruled against the above caps in 2017 stating that they were arbitrary, especially for those who have suffered the worst injuries.

Therefore, in Florida, both your economic and non-economic damages that you can win in a case are not limited to any amount. While the economic damages may be more quantifiable based on hospital bills, doctor’s visits, and other medical bills, they can be complicated in cases where medical care may be needed well into the future or for the rest of one’s life. Pain and suffering is also a complicated factor to quantify. For these reasons, it is always best to work with an attorney who is experienced in medical malpractice and who can put a full value on both economic and non-economic damages.

Work with Trial-Tested Attorneys in Florida

Medical malpractice lawsuits are extremely complex which is why you should work with a law firm that has experience in these civil suits. At the Law Offices of Rash Mueller., you can work with a legal team that has obtained millions in compensation for clients. As a result, we have earned many accolades and top ratings from legal industry organizations, including a Top 100 from both America’s High Stakes Litigators and The National Trial Lawyers and a 10.0 Superb rating from Avvo. Our attorneys are trial-tested, fiercely determined, and highly skilled.

Wronged by a medical professional? Call us at (954) 914-7116 to schedule a free consultation about your potential case today.