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How Much Can I Expect from an ER Malpractice Lawsuit in Miami?

Each case has an individual set of circumstances and merits. An attorney can estimate the correct compensation for medical treatment, lost wages, pain, and suffering, etc. There are also state-imposed caps on damages. A case settled out of court will obtain on average almost half the amount of court awards.

Since each case has a unique set of circumstances under which it happens, determining how much should be paid in compensation is not very straight-forward.

The best possible way to ensure accurate assessment of your cases' particulars is to contact a Miami medical malpractice lawyer. Based on the experience had with other cases, principal attorney Sean M. Cleary can estimate how much you could receive in compensation in your case.

The payout made in a malpractice case depends on individual payments made under several categories of damages.


Recovering Damages Incurred After Emergency Room Malpractice

Restorative compensation includes:

  • Compensation for the current and future cost of medical treatment.
  • Compensation for income lost as a result of the medical issue.
  • Non-economic compensation for pain and suffering.
  • Some cases may also attract punitive charges for grievous conduct on the part of the medical practitioner.

Another consideration that can be made is about the cap applied by each state on the total recoverable amount in damages. Depending on which state you come from, there is a limit determined by the law. That being said, the average settlement in emergency room malpractice misdiagnosis cases is approximately $362,000, payments made by the malpractice insurer.

The state of Florida’s laws regarding medical malpractice caps are more complex than in most other states. Florida used to impose limitations on non-economic damages resulting from emergency services. Depending on the type of case, there was a maximum amount of financial compensation that a winning plaintiff could receive. However, in 2017, the Florida Supreme Court deemed these limits on non-economic damages to be unconstitutional.

Medical malpractice cases are complex and if you or your loved one were victims of ER medical malpractice in Miami, you need to contact The Law Offices of Sean M. Cleary for an accurate case evaluation.

For questions and free legal advice to help individuals please call us

305.416.9805
Disclaimer: Please note that the information provided on this site is not formal legal advice, also the site does not allow you to form an attorney-client relationship.