In the United States, medical malpractice lawsuits are common and allow injured patients to get a compensation for their damages, pain and suffering caused by medical professionals’ negligence. Nevertheless, there are time limits enforced by Florida law that prevent victims from filing medical malpractice lawsuits and recovering their damages if too much time has passed. In general, medical malpractice victims in Florida must file a lawsuit within two years from the date that they discovered (or should have discovered) their injuries, or at the most within four years from when the malpractice occurred. Because the statute of limitation can ban victims from a recovery, it is important to consult an attorney as soon as possible.
In order to be considered as a case of medical malpractice, the injured patient must show that the health care professional acted negligently in rendering care, and that such negligence resulted in injury with considerable damages, such as:
- Pain and suffering
- Additional medical expenses
- Lost work wages & reduced earning capacity
- Mental and emotional injuries
- Physical impairment or disfigurement
- Loss of quality of life / companionship
Cases of negligence that could lead to a lawsuit
- Incorrect surgery
- Patient wide awake during surgery
- Childbirth injuries
- Misdiagnosis or failure to diagnose
- Failure to order appropriate tests
- Premature discharge
- Misreading or ignoring laboratory results
- Failure to act on results or not following up
- Prescribing the wrong dosage or the wrong medication
- Leaving objects inside the patient’s body after surgery
- Operating on the wrong part of the body
- The patient has persistent pain after surgery
- Potentially fatal infections acquired in the hospital
- Pressure ulcers or bedsores
What kind of case settlement can a plaintiff get?
The plaintiff (injured party) may be awarded compensatory and punitive damages. Compensatory damages are money awarded to an injured party that compensate for damages, injury, or another incurred loss, including any property damage. Example of comensatory damages include: Medical and hospital bills, medical treatments, rehabilitation expenses, physical therapy, ambulance expenses, medicine and prescription drugs, nursing home care, domestic services, medical equipment, lost wages or lost employment income, increased living expenses,property replacement or repair, transportation, emotional distress, pain and suffering, PTSD, disfigurement, shortened life expectancy, and any long-term medical care and treatments for injuries that take time to emerge.
Punitive damages are money that a defendant found guilty of committing a wrong or offense is ordered to pay to the the aggrieved party on top of compensatory damages. They are specifically designed to punish defendants whose conduct is considered grossly negligent or intentional and to serve as an example to deter others from committing similar acts.
The McKee Law Group offers a free consultation in cases related to medical malpractice. We can review you case, evidence, and any other important information to file a lawsuit against the ones who caused your injuries and suffering. We will help you to receive the justice and closure you deserve.