An error during surgery can leave you with long-term, mounting medical bills, the inability to return to work, and countless other damages. Compensation may be available for a surgical error caused by a Florida provider’s malpractice as long as you can prove the provider acted negligently. While these can sound intimidating, you do not have to handle the details of your claim on your own.
Florida medical malpractice lawyers know the importance of obtaining compensation in the right amount, so they work hard to accurately assess and document your recoverable damages. With their legal support, you can focus on getting better while maximizing your financial recovery.
Economic Damages For Surgical Errors In A Florida Malpractice Case
To maximize financial compensation in your medical malpractice claim, you must document your injuries in detail and describe their toll on your life and lifestyle. Your economic damages can include:
- Current and future medical bills
- Rehabilitation and therapy
- Treatment-related travel expenses
- Current and future lost wages
- Diminished future earning capacity
These damages are readily documented with bills, receipts, and other forms of documentation. In addition to compiling them, your lawyer can consult relevant experts who substantiate your claim.
You Can Also Recover Non-Economic Damages For A Surgical Error Claim
Medical malpractice that compromises your health is a life-changing experience. It can take a physical, mental, and emotional toll you might struggle to recover from. The non-economic portion of your damage claim can include damages for:
- Disabling and disfiguring injuries
- Physical pain and suffering
- Mental and emotional anguish
- Diminished quality of life
These damages will not have accompanying bills and receipts, but they are just as important as your financial and physical harm.
Compensation When A Surgical Error Leads To A Loss Of Life
While nothing can make up for the loss of a loved one, your family is entitled to wrongful death damages for your loss. This form of compensation can include the costs of a loved one’s funeral and recovery of your loss of their financial and domestic contributions to your family. It can also include compensation for your loss of consortium, companionship, guidance, and support.
Proving Medical Malpractice Allows You To Pursue Compensation
Obtaining compensation for malpractice starts with proving the legal elements that constitute medical negligence. These elements are the foundation of any malpractice claim:
- Duty of care: You had a professional relationship with the person or entity responsible for your injury.
- Breach of duty: The person or entity named in your case did not provide medical service that met the standard of care.
- Causation: Your injury would not have occurred but for the at-fault party’s actions or failure to take appropriate actions.
- Damages: The result of this negligence left your with financial losses, physical harm, and emotional damages.
A strong collection of supporting evidence and documentation is crucial in establishing your case. A local attorney can help identify the most relevant forms of evidence and assemble a compelling case file tailored to your circumstances.
Evidence Of Medical Malpractice In Surgical Error Claims In Florida
The insurance company representing the medical professional, facility, or both in your claim will demand proof of its policyholder’s medical negligence. Relevant evidence that can help your case includes:
- Pre- and post-surgery medical records
- Surgical notes, records, and photos
- Witness statements from medical professionals and family
- Testimony from qualified medical experts
- A written prognosis for required future care
- Medical bills and proof of employment
When a lawyer represents you, they will gather evidence for you. They can also obtain evidence you might find hard to access on your own.
How A Malpractice Attorney Can Benefit Your Florida Malpractice Case
Medical malpractice claims can involve complex medical matters that require the input of experts. The legal nuances also make these claims a challenge to manage on your own. When a lawyer takes on your case, they can:
- Collaborate with all beneficial experts
- Collect, organize, and submit evidence
- Handle all case-related communication
- Respond to requests for information
- Represent you during negotiations and at trial
A lawyer can also keep you abreast of your claim with ongoing updates and progress reports. They will handle every detail of your case and fight hard for the best possible financial recovery on your behalf.
A Lawyer Can File Your Medical Malpractice Lawsuit On Time
According to Florida Statutes § 95.11(4)(c), the medical malpractice statute of limitations is generally two years. However, some circumstances, such as the age of the patient or the date of discovery, can extend or even pause the deadline. An attorney can assess your claim to determine how long you have left to file.
If you do not meet the state’s filing deadline, the court could refuse to allow your lawsuit, leaving you with no legal recourse. A lawyer can help you avoid this costly consequence by filing your lawsuit on time and in the appropriate Florida court.
A Lawyer Can Obtain The Mandatory Certificate Of Merit
Every medical malpractice claim must have an accompanying Certificate of Merit, according to Florida Statutes § 766.104. This mandatory document will attest to the validity of your allegations. It will also describe the acceptable standard of care and how the care you received deviated from that standard.
Finally, it must come from a qualified medical expert on par with the surgeon who treated you. A lawyer can vet experts and obtain this critical document for you.
What It Costs To Hire A Medical Malpractice Lawyer
You do not have to incur any upfront or out-of-pocket costs to hire a lawyer. Most will work on a contingency fee basis, meaning they cover all the costs of preparing your claim and only receive compensation if you do. If you do not win the case, you do not owe the firm money.
Contact Our Client-Focused Malpractice Team Today
If you or a loved one suffered due to a mistake made during surgery, we can help you get compensation. Our medical malpractice lawyers will explain what compensation is available for a surgical error in a Florida malpractice case and work hard to maximize your financial recovery.
Learn more about your compensation options with a free claim review. Contact our consultation team at Anidjar & Levine to get started.
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