What Damages Can I Recover in a Florida Medical Malpractice Claim?

When you are the victim of medical malpractice at the hands of a trusted provider, it can be devastating. Not only do you have to suffer the pain and trauma of the injuries you’ve endured, but you may also find yourself struggling to recover from the financial consequences of the negligent care. It’s important to understand that as a victim of negligence, you are eligible to file a claim to fight for the compensation you deserve. The following blog explores what you should know about the damages you can seek from a medical malpractice claim in Florida, as well as the importance of working with an Indian River County medical malpractice lawyer to explore your options. 

What Damages are Available in a Florida Medical Malpractice Claim

While Florida law imposes significant legal and procedural barriers to claims for medical malpractice, victims of healthcare provider negligence whose claims successfully navigate these barriers can be entitled to recover significant damages to compensate their serious harm.   

The first category of recoverable losses, almost universally suffered as a result of medical negligence, is economic damages. These are the actual, calculable financial losses you’ve incurred, such as medical expenses for hospital stays, follow-up treatment, and rehabilitation.  Economic damages also include lost wages, lost earning capacity, or loss of household services if your injuries affect your ability to continue to keep your home. 

In addition to economic damages, you can also seek compensation for the non-economic damages you’ve suffered as a result of medical malpractice. This category of damages allows the jury to consider the intangible, human losses, like the loss of enjoyment of life or pain and suffering.  Because these items do not have a fixed economic value, they can be far more difficult to calculate. 

It’s also important to note that, in some rare instances, you may be eligible for an award of punitive damages. These are not awarded as a means of compensation, but rather to punish the defendant in instances of gross negligence or intentional misconduct. 

How are These Damages Calculated?

Calculating the damages you’ve suffered as a result of medical malpractice in Florida can be incredibly difficult. That is why it’s critical to work with an experienced attorney to help you navigate these complicated times.

In general, the most common economic damages we calculate are your medical expenses. This includes not only the expenses you’ve already incurred, but also the cost of care you require in the future. We work with your medical providers and other experts to determine the course of care you’ll require for the future to help calculate this expense. Lost wages and particularly loss of future earning capacity can be challenging to calculate.  These damages often require analysis by experts such as economists or vocational rehabilitation experts.

Calculating the value of non-economic damages is completely different. It involves assessing all of the intangibles of the case relating to the nature of the incident, the nature of the injuries, and the residual loss of quality of life, among many other factors. While every witness, including experts, offers testimony that bears on these human losses, no expert and no lawyer can calculate these damages for the jury.  Instead, juries are instructed to rely on their own judgment and common sense. Sympathy is not supposed to guide the determination, but empathy is essential for an impartial jury to fairly appraise the loss of another.

Navigating the aftermath of a medical malpractice claim can be incredibly overwhelming. As such, the team at Ullian Trial Law is ready to represent you. Our firm understands how difficult this can be, which is why we are here to guide you through this process and fight for your best interests. When you need help, connect with our team today to discuss your circumstances during a free consultation.