How Much Can I Recover For A Surgical Error Under Florida Law?
Surgical errors like leaving an object inside a patient, operating on the wrong person, and slicing into organs are forms of medical malpractice, but every US state has different, very specific definitions for these cases. Under the Florida medical negligence statute, a surgeon could be liable for deviating from the standard of care that applies to the circumstances. The standard is based upon what acts are acceptable in the medical profession, specifically the area of surgery. If the surgeon does not comply with this standard, a patient may seek legal remedies.
Another important aspect of a med mal case is damages, which is the money you may qualify to recover in a successful claim. Because every matter is different, it is not practical to calculate specifically how much you might recover as compensation. A Tampa surgical error lawyer can explain the factors that impact your monetary damages, but some general information is helpful.
Types of Compensation for Med Mal in Florida: The point of damages is to reimburse you for the losses you suffer because of a health care provider’s mistake and make you whole, at least as much as possible. Some individuals will never return to their normal lives, and compensation is also intended to address the situation of death and disability as well.
There are two categories of monetary damages in a surgical errors case:
- Economic Damages: You may recover for the tangible, definable losses resulting from medical malpractice, including the costs of medical care to repair the harm caused by the surgeon. Other examples include lost income and expenses for medications.
- Noneconomic Damages: Some losses are personal and subjective, but you may be entitled to recover for them even when there is no definite dollar amount. Noneconomic damages include pain and suffering, emotional distress, and lost quality of life.
Factors That Affect Compensation for Surgical Errors: With this information in mind, you can appreciate some of the variables that impact how much damages a victim can recover. Compensation will depend upon:
- The damage caused by the surgical error;
- The medical care required to treat your injuries, including surgery, emergency treatment, and hospitalization;
- Expenses for at-home services and long-term care, when a surgical error causes permanent disability;
- How much time you missed from work;
- Whether you were forced to leave your employment or take on a different job because of your injuries;
- Whether your conduct contributed to the surgical error, such as failing to fast beforehand or engaging in strenuous activity afterwards; and,
- How your injuries affect your relationships and favorite activities.
Get Legal Help from a Tampa Surgical Error Attorney
It is reassuring to know that damages are available for a med mal case, but skilled legal representation is critical to ensure you receive the full amount. 04at 813.223.7849 or via our website. We can schedule a free case analysis with a surgical errors lawyer at our offices in Tampa, FL.
Source:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=&URL=0700-0799/0766/Sections/0766.102.html
