Yes, you can likely recover compensation if a loved one was left in a vegetative state due to medical malpractice in Florida. A victim or their legal representative has the right to seek and secure damages through the malpractice claims process or by filing a lawsuit in a Florida court.
While people in a vegetative state may open their eyes, breathe without assistance, and even move, they require around-the-clock care and support. Working with a Florida vegetative state lawyer can help you remain focused on your loved one’s care while your legal team handles your case.
What Are The Patient’s Ongoing Care Needs And How Do They Affect Recoverable Damages?
Individuals in a vegetative state typically need 24/7 care. This could include a wide range of interventions, including feeding tubes, tracheostomies, frequent repositioning, hygiene support, and ongoing monitoring. This often requires inpatient care in a hospital or long-term care facility.
The extensive care needs of a patient in a vegetative state will directly affect the potential settlement value of the malpractice case. A payout should cover damages that include:
- Past, current, and projected future medical care costs
- Nursing or home health care costs
- Facility or long-term care center costs
- Medical equipment
- Lost income and future earning potential
- Modifications to the home if they remain in the family’s care
- Pain and suffering if the patient was aware of their injury
- Lost quality of life
How Can Medical Malpractice Cause A Vegetative State?
Vegetative states most commonly occur because of brain injuries from trauma or loss of oxygen to the brain, known as hypoxia or anoxia. A vegetative state occurs when someone is awake but not aware. It could occur because of a traumatic brain injury, oxygen deprivation, stroke, infection, or other complications during surgery or treatment. If the condition lasts more than a few weeks, it is called “a persistent vegetative state.”
Some ways medical negligence can cause this condition include:
- Improper intubation or mistakes with ventilation
- Cardiac arrest that is misdiagnosed or left untreated
- Anesthesia errors
- Stroke misdiagnosis or delayed treatment
- Failure to monitor vital signs
- Failure to intervene when necessary
- Medication errors causing respiratory distress
All these issues are preventable when the care team provides an acceptable standard of care. However, they may occur when care providers fail to act appropriately. With the right evidence, victims and their families can pursue a malpractice case based on the standards set by Florida Statute § 766.102.
Who Might Be Liable For Someone’s Vegetative State?
The cause of the vegetative state will determine who might be liable in a medical malpractice case. Some possibilities include:
- Doctors who failed to monitor oxygen levels, delayed a diagnosis, or otherwise mismanaged the case
- Nurses who improperly administered medication or failed to monitor vital signs
- Anesthesiologists who acted negligently
- Hospitals or clinics where employees were negligent
While mistakes occur and medical providers are only human, an error can rise to the level of malpractice when a medical professional fails to provide the accepted standard of care. When this occurs and the patient suffers a brain injury, the patient may go into a vegetative state.
What Do I Have To Do To Prove My Florida Malpractice Case?
You will need to follow specific rules and procedures to recover compensation for injuries that caused a vegetative state. Florida medical malpractice cases require you to establish that:
- The accused party had a provider-patient relationship with the victim.
- The provider acted in a way that fell below an acceptable standard of care.
- Their failure caused the brain injury and vegetative state.
- The patient and family suffered measurable harm because of the injury.
These cases require a lot of strong evidence to support the accusation that the doctor or another care provider failed to provide an acceptable standard of care and caused the brain injury. Some common types of evidence used in these cases include:
- Medical records
- Expert witness testimony, which is mandatory under Florida law
- Tests results from MRIs, electroencephalography (EEG) tests, and CT scans
- Hospital policies and procedures
- Statements from caregivers and family members
- Medical experts who can testify to their prognosis and care needs
- Life care plans detailing ongoing needs
These cases often begin with a medical expert’s review of the relevant medical records. Florida law requires that you have a written affidavit supporting the claim before you file notice of your intent to sue. Filing this Notice of Intent begins the presuit and 90-day investigative process that occurs before you can sue for damages.
What If The Patient Passes Away After Being In A Vegetative State?
If medical negligence caused a loved one’s vegetative state and they later died from their injuries, a Florida wrongful death lawyer from our team can help you pursue compensation. The recoverable damages in these cases could include:
- Funeral and burial costs
- Medical expenses related to the injury
- Loss of income
- Loss of support and services
- Emotional pain and suffering
- Loss of companionship
Under Fla. Stat. § 768.20, only the victim’s personal representative can file a lawsuit on behalf of survivors. This is the party named in the will as executor or recognized by the probate court as the personal representative. Any money recovered in the case will go to the surviving spouse, children, and/or parents.
Who Can Sue On Behalf Of A Florida Malpractice Victim In A Vegetative State?
If the patient survives but cannot speak or make decisions, a legal guardian can file the lawsuit on their behalf. If the patient dies, only the executor or personal representative of the estate can sue.
If you are unsure who might have the right to file a lawsuit in your loved one’s case, contact us. We can help you understand your options. Act quickly. Per Florida Statutes § 95.11, you may only have two years to file a lawsuit, although some circumstances could extend or pause these deadlines. These deadlines can be complex, and you might have more or less time than you think.
Discuss Your Vegetative State Medical Malpractice Case With Our Team
Anidjar & Levine provide free consultations for individuals and families facing this type of injury. We will evaluate your case and explain how a Florida medical malpractice lawyer from our team can help. Contact us today.
We Can Help.
