Miami Medical Malpractice Lawyer
In Miami, a medical malpractice lawsuit may arise after you or someone you love was injured due to negligent medical care. Medical professionals have to duty to live up to a reasonable standard of care when treating their patients. Florida has very specific guidelines for handling medical malpractice personal injury claims.
Medical Malpractice Damage Caps in Florida
There are two different categories of damages a person can receive in a medical malpractice lawsuit: economic and non-economic.
Economic damages refer to the monetary losses encountered due to your injury. This includes medical expenses, lost wages or lost future earnings.
Non-economic damages are the more subjective losses that are hard to put an exact dollar value on. These types of damages can include pain and suffering, mental anguish, disfigurement or loss of companionship.
The state of Florida places a cap on non-economic damages that can be recovered. In Title XLV Torts Section 766.101, non-economic damages from medical malpractice by a practitioner is limited to $500,000 and damages caused by a non-practitioner are limited to $750,000. In the case of wrongful death or catastrophic injury, damages are limited to $1 million and $1.5 million respectively.
Even though there are limits on the amount victims in Florida can receive for their non-economic damages in a medical malpractice claim, there is no cap on economic damages.
Proving Negligence in Your Miami Medical Malpractice Claim
In order to be successful in your Miami medical malpractice lawsuit, you need to be able to prove that:
- The medical professional involved owed a duty of care
- The duty of care was breached and the medical professional was negligent
- The negligence of that medical professional directly resulted in harm to the victim
- That compensable harm occurred
- That the victim is entitled to financial and emotional damages
You do not need to face the heavy financial burdens that can accompany a medical malpractice injury. Let us help you hold the negligent party responsible for his or her actions.
For more information regarding your rights in a medical malpractice claim, or if you have been injured or a victim of doctor’s negligence in Tampa, call to speak directly with our Tampa medical malpractice lawyer from Wolf & Pravato at 1-954-633-8270.