Assistive living costs can be covered in a medical malpractice lawsuit if the need for assisted living is directly related to the malpractice. The only costs typically recoverable are those directly related to medical care needs caused by negligence.
Under Florida law, medical malpractice plaintiffs can recover economic damages that stem directly from medical negligence. These damages must be expenses caused by the healthcare provider's deviation from accepted standards of care.
Assisted living costs can be recovered if they are related to ongoing nursing care or medical supervision ordered by a physician. It may be possible to claim economic damages if the malpractice resulted in disabilities that require specialized medical equipment, therapy services, or attendant care within the facility as a result of the malpractice.
A life care plan is often used in these cases to detail anticipated long-term care costs, including medically necessary assisted living services. Using this plan, expenses directly related to malpractice injuries can be separated from routine living costs.
You may be able to recover the following costs if you or someone you love were a medical malpractice victim who needs assisted living care:
Standard room and board expenses or routine daily living assistance are generally not recoverable unless they represent increased costs due to the malpractice injuries.
A majority of assisted living costs are not covered since assisted living facilities provide non-medical services that do not qualify for traditional medical malpractice damages. In Florida, medical malpractice compensation can only be obtained for expenses directly related to the negligence of a physician.
Assisted living facilities primarily offer help with meal preparation, daily tasks, and basic health monitoring rather than intensive medical treatment. Generally, these routine services are not recoverable in malpractice cases because they are considered personal care rather than medical treatment.
The legal distinction is vital because malpractice damages must be related to the negligent medical treatment provided by a healthcare provider. Typically, medical malpractice damages cannot be claimed for costs associated with assisted living that are unrelated to the medical negligence.
If medical negligence caused the need for assisted living care, you may be concerned about recovering the substantial costs. It's reasonable to have concerns about these facilities, especially given their significant financial burden.
Recovery of assisted living expenses depends on establishing a direct correlation between medical malpractice and specific care needs that require facility placement. Our team works closely with medical experts and life care planners to document how negligence has caused disabilities or conditions that require supervision.
The Law Offices of Sean M. Cleary has experience evaluating which assisted living expenses can be recovered in medical malpractice cases. We know how to distinguish between recoverable medical care costs and non-recoverable routine living expenses, so you receive the maximum amount of compensation you are entitled to.
Our firm seeks compensation for all costs directly related to medical negligence. Get a free consultation with our office today to discuss your specific circumstances and what assisted living costs may be recoverable.