Lawsuits for medical errors enacted laws that restrict the amount the plaintiff would be able to obtain for most states. With a medical malpractice lawsuit, the medical professional that was negligent during their treatment can be held responsible for their incompetent work. In addition to the states limiting the amount a plaintiff can receive, factors like contributory negligence can influence the amount that the plaintiff would collect.
While the plaintiff’s attorney can work hard to acquire the maximum compensation, there are factors that they cannot escape that will reduce the amount of settlement the victim would obtain. For this reason, having as much evidence as possible and hiring an experienced medical malpractice lawyer will not only be beneficial for the victim’s case, it guarantees that they would receive a larger sum of compensation and might reduce the time it takes to reach to the settlement amount. The Orlando negligent medical professional lawyers are ready to fight against any individual or facility to reach a reasonable compensation for their clients.
The limits placed on the amount an individual can receive are known as “caps”. Each state has their own cap amount depending on the type of injuries that were endured. Florida has their set laws about the caps for each type of damage. Below will be described in further detail about the ‘cap’ in settlement amounts.
Damages in Malpractice Settlements
If the plaintiff is successful in establishing the physician’s negligence for the harm, a number of “damages”(compensation) is available to the plaintiff. The damages that could be awarded include, but are not limited to the following:
- Future medical fees and pass medical bills
- Loss of potential earning and loss of income
- Loss of consortium, pain and suffering, and loss of enjoyment of life
- Punitive damages (awarded for cases involving outrageous misconduct)
Cap and Reform on Damages
Damages that are able to be recovered through a medical malpractice lawsuit have had caps placed on them as part of the tort reform efforts. These caps are mainly there to restrict the damages for “non-economic” harms like pain and suffering. For example, in Florida, the cap for non-economic damages is $500,000 against a practitioner, $750,000 against non-practitioner, and can go up to as much as $1,000,000 if the harm resulted in death or vegetative state.
Obtaining the most compensation possible for their clients is one main objective out of the many of the errors by medical malpractice lawyers from The Firm of Percy Martinez. The firm believes that an individual that was subjected to harm due to a medical professional’s negligence should be entitled to receive as much as possible for their damages. The skilled team of Orlando attorneys works hand in hand with medical experts to compile important evidence to reach to the maximum amount.
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