What Is Medical Malpractice?

Medical malpractice is when a health care provider or professional neglects to provide appropriate treatment, omits to take appropriate medical action or provides a sub-standard treatment that causes injury, harm or even death to a patient. Medical malpractice law makes it possible for patients to recover compensation for any harm that results from sub-standard treatment. According to the Medical Malpractice Center, in the United States, there are between 15,000 to 19,000 medical malpractice suits against doctors every year. if you prove your damages, you may be compensated for your injuries. Depending on where you are bringing your case, however, there may be limits to the amount of compensation you can receive from your doctor.

How Does A “Cap” Affect Medical Malpractice?

A “cap” on medical malpractice limits the monetary compensation your doctor or your doctor's malpractice insurance can be required to pay you if they are found liable. For example, some financial damages in medical malpractice cases are ambiguous or subjective. Florida legislators passed damage cap legislation in the early 2000s to combat the “danger” these subjective damages posed. The reason for this was the fear that the plaintiff (the person suing) would take advantage of the nuance and ambiguity in the law. Damages were successfully capped at a specific amount for all plaintiffs. These "caps" limit plaintiffs' recovery amounts to the disadvantage of many of the most vulnerable plaintiffs.

Are Medical Malpractice Damage Caps Allowed In Florida?

From the early 2000s to 2017 there were caps allowed in Florida at a specific amount. These caps applied to non-economic damages. Non-economic damages include compensation for pain and suffering, mental anguish, anxiety, loss of companionship, scarring, disfigurement, and more. However, this issue was brought up with Florida's highest appellate court and they ruled that caps on medical malpractice is unconstitutional. 

What Does Removing The Medical Malpractice Mean For Me?

Lifting the medical malpractice damage caps means that if you or someone you know is the victim of medical malpractice, your damages can no longer be limited by the statute. The court, or a jury, will thoroughly assess your case to grant awards that accurately address the harm you have suffered.

Hiring A Medical Malpractice Attorney In Florida 

If you or someone you know has been the victim of medical malpractice, you must act quickly to protect your interests. Even in the best circumstances, medical malpractice cases are complicated to litigate. Medical malpractice lawsuits can be incredibly complex because the medical field spans many legal issues involving different kinds of law and legal proceedings. Luckily, you do not have to handle these cases alone. The experienced medical malpractice attorney at The Fischetti Law Group can help you navigate the legal process so you can fight for the compensation you deserve. We are here to help you build the strongest possible case to achieve your goals.