Is There a Cap on Medical Malpractice Lawsuit Benefits in Florida?

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Medical malpractice lawsuits are when a person or entity files a lawsuit against a medical practitioner or healthcare provider due to negligent medical treatment that causes harm or serious injury. The subject of caps on medical malpractice lawsuits is determined by individual state law. Some states pass laws restricting the amount which can be awarded in a medical malpractice suit to a plaintiff.

Medical malpractice suits typically are approached with either the intent of getting economic damages for the cost of past and future medical treatment as a result of harm caused, or damages to reimburse lost income or earning potential. It’s also possible to file a medical malpractice suit for pain and suffering damages, or punitive damages in the event of severe or gross misconduct on the part of the medical practitioner or healthcare provider.

If you are considering filing a medical malpractice suit, it’s important to be aware of the statute of limitations on filing a lawsuit. In Florida, the lawsuit must be started within two years of discovering the injury or four years from when the malpractice occurred. If the care provider or practitioner concealed the malpractice or made fraudulent claims about the care received, the statute of limitations is two years from when the injury was finally uncovered or seven years from the initial date of the malpractice.

Medical malpractice lawsuits can be a complex process that requires affidavits and intent to sue documents that you may not feel comfortable putting together. It’s important to consult an attorney to get clarity on your case and how a medical malpractice suit may be the best option for you.

In Florida, the following caps existed until mid-2017. For noneconomic damages, the cap was $500,000 for medical practitioners and $750,000 for non-practitioners. The damage cap for a permanent vegetative state or death was up to $1 million. In June 2017, however, the Florida Supreme Court ruled that caps on noneconomic damages in medical malpractice suits as an unconstitutional practice, claiming that these caps often damaged the amount of award that those suffering from drastic injuries could receive.

If you are considering filing a medical malpractice lawsuit, talk to the experts at Franco Law Firm to understand your statutes of limitations, options, and the kinds of damages you may wish to pursue. Without caps on noneconomic damages, you may be eligible for benefits that better fit the injury or suffering you are claiming.  

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