If you believe you or a loved one has been the victim of medical negilgence by a doctor or other Florida medical professional, there are some things you need to know about Florida medical malpractice, award limits and negligence laws. (Yes, there are award limits - we will get to that in a minute.)
In Florida, patients have many of the same medical treatment rights as you will find in other states. Patients have the right to have their questions answered reasonably and promptly; the right to be given information about their condition, treatment, options, risks and prognosis. They also have the right to know what patient support services are available to them. You can find the entire Florida Patient's Bill of Rights and Responsibilities on the State Department of Health website at http://www.doh.state.fl.us/mqa/Profiling/billofrights.htm.
With regards to Florida medical malpractice award limits and negligence laws your first and best option is always to obtain advice from a licensed medical malpractice attorney. They along with medical experts that they can hire or have on staff are in the best position to evaluate if you have a legitimate malpractice claim, and discuss with you the entire medical malpractive lawsuit process as well as all of the details of the caps on damages that are allowed under Florida law.
There are two different types of damages that can be awarded in a malpractice case: compensatory and punitive damages. Compensatory damages are those that compensate the plaintiff for economic and non-economic damages. Examples of economic damage that you might suffer is loss of income, your job or additional medical treatment needed in the future. Examples of non-economic damages would be pain and suffering or mental anguish; non-econimic damages are not as easy to quantify yet can be just as devastating.
The award limits for Florida medical malpractice for non-economic damages are currently $500,000 against practitioners (such as doctors, nurses, surgeons) and $750,000 against hospitals and private practice groups. In the case of patient death or catastrophic injury as the result of medical malpractice in Florida the award limits can be doubled by the courts.
Florida medical malpractice award limits and negligence laws do not provide a cap for compensatory economic damages but it does impose a cap on punitive damages. Punitive damages are simply intended to punish the defendant. The limit here is three times the amount of the awarded compensatory damages. A medical malpractice attorney is in the best position to help you understand how these laws relate to your potential case.
