The main reason why people initiate a medical malpractice case is to get a refund for the damages suffered as a result of the injury. These can be both economic and non-economic damages. The following can be included under economic damages, without being limited to:
- hospital bills
- therapy costs for rehabilitation purposes
- any lost wages.
Non-economic damages may include emotional pain and suffering caused by sustained injuries.
Many states in the US have passed caps on medical malpractice cases. This means that these states have created a limit beyond which malpractice damages cannot be recovered.
The state of Florida also favored using damage caps for non-economic damages, instituting the following ceilings:
- limit of $500,000 for claims against medical practitioners
- limit of $1 million if the malpractice caused death or a vegetative state
- limit of $750,000 for claims against non-practitioner defendants
However, the highest appellate court in Florida ruled the above-mentioned limits on non-economic damages as unconstitutional in June 2017.
Contact Sean M. Cleary, Miami-based medical malpractice lawyer, for a customized assessment of your case. Our goal is to ensure that clients receive the highest possible amount of damages depending on the particulars of the case.