When you file a lawsuit for compensation after a medical malpractice incident (surgical error, misdiagnosis, or contracting an infection due to unsanitary conditions), you are eligible to demand full compensation for all your out-of-pocket expenses, referred to in your claim as economic damages.
You’re also entitled to non-economic damages, which are the intangible losses many medical malpractice victims suffer, like emotional trauma and physical pain and suffering. An Orlando medical malpractice attorney can explain what kind of damages you’re entitled to for your specific situation.
Economic damages in Florida medical malpractice claims
Economic damages consist of all the material losses victims suffer, including treatment to correct the damage and other medically-related needs, like prescription medications and durable medical devices.
You may also be entitled to compensation for lost wages for every day you missed at work due to the malpractice incident, even if you used sick leave or PTO to cover the time missed. If you’re injured too badly from the malpractice to continue working in the same job field or cannot work at all, you may be eligible for the difference in earning potential you now face.
Other economic damages that medical malpractice victims can claim include modifications to their homes or vehicles to accommodate a new disability, the cost of traveling to see a specialist to address the damage from the malpractice, and any other out-of-pocket expenses.
Non-economic medical malpractice damages
Non-economic, or general, damages are critical in malpractice compensation, as they compensate the victim for intangible losses that are not as easily quantified as their economic losses. The impact of malpractice can be extreme, anything from realizing that a misdiagnosis of a medical condition meant that they could not benefit from early intervention to the distress of undergoing multiple invasive procedures to correct a surgical error can trigger the onset of depression or PTSD or otherwise negatively impact the victim’s mental health.
The physical pain of the initial medical complaint, multiple invasive procedures, and recovery from each is not insignificant. Often, the emotional stress and diminished quality of life have a more lasting impact on a medical malpractice victim than the physical damage. At the same time, the value of non-economic damages is more subjective than that of economic damages, but you’re still entitled to a fair sum.
Punitive damages for victims of medical malpractice
The third type of damages medical malpractice plaintiffs may be entitled to is punitive, or exemplary, damages. Punitive damages are punishing rather than compensatory and intended to impose a financial penalty on an egregiously negligent physician or a healthcare facility where the malpractice occurred.
They may not be available in every claim. Punitive damages are not part of a negotiated settlement. Exemplary damages may also serve as an example to other medical professionals and care facilities who may be tempted to cut corners with patient safety. Often, punitive damages are the only way to hold a hospital accountable for negligence.
While there is currently no cap on punitive damages in Florida, the law has changed several times in the past 20 years, so your attorney needs to keep these changes in mind as they build your case.
Legal advice if you suffered misdiagnosis or malpractice
Have you or a loved one suffered misdiagnoses, a surgical error, medication mismanagement, or another type of medical malpractice? The attorneys at DWK Law are ready to help you get full and fair compensation for all the damages you suffered. Call (407) 244-3000 for a free consultation.
