Wellington Medical Malpractice Lawyer
When people become sick or injured, they place their health and essentially their lives in the hands of doctors, nurses, and other healthcare professionals. At this difficult time, patients have the right to be treated with respect and to receive treatment from a competent professional. Unfortunately, that is not always the case. Sometimes, the healthcare professionals entrusted with a patient’s care make mistakes and people become harmed even further.
If you or someone you love has been injured due to medical negligence, you can file a claim to recover damages. Medical malpractice, however, is one of the most complex areas of personal injury law. A Wellington medical malpractice lawyer can advise you of the laws, and how they apply to your case.
What is Medical Malpractice?
Just as drivers on the road can act negligently, medical professionals can also act carelessly and cause injuries. Healthcare professionals are held to an incredibly high standard of care due to the fact that a patient’s well-being relies on them acting appropriately. Still, treatment options are sometimes ineffective and doctors have to use a trial and error method before they find one that works. As a result, not every case of a patient becoming harmed is a result of medical malpractice.
To determine if medical malpractice occurred, one must determine whether another healthcare professional with the same background and in the same position would have provided the same level of care. If it is found that a healthcare professional deviated from the standard of care, they can be held liable for paying damages.
Caps on Damages in Medical Malpractice Claims
One of the complexities associated with filing a medical malpractice claim is the caps placed on certain types of damages. Florida law does not place a cap on economic damages, or those with a concrete dollar value. Economic damages include losses such as medical expenses, lost income, and loss of household services.
However, in Florida there is a cap on how many non-economic damages you can receive in a medical malpractice claim. Non-economic damages are losses that do not have an actual dollar value, such as pain and suffering, loss of enjoyment of life, and disfigurement. According to Florida law, the cap on these damages is $500,000 for practitioners, and $750,000 for non-practitioners. Still, if a person dies as a result of medical malpractice or they are placed into permanent vegetative state, family members can claim up to $1 million in non-economic damages.
If a court decides an individual would suffer an outcome that is clearly unjust due to the cap on non-economic damages, the victim can also claim up to $1 million from a practitioner and $1.5 million from a non-practitioner. In these cases, a patient has typically suffered a catastrophic injury.
Our Medical Malpractice Lawyers in Wellington Can Help with Your Claim
Medical malpractice laws in Florida are very complex, and filing a claim is never easy. If you have suffered as a result of medical negligence, our Wellington medical malpractice lawyers at Lesser, Lesser, Landy & Smith, PLLC, can guide you through the process. Call us today at 561-472-8165 or contact us online to schedule a free case evaluation.