West Palm Beach Medical Malpractice Lawyer
If you or someone you love was injured due to medical negligence, you may have a medical malpractice claim. Medical professionals are required to provide a reasonable standard of care when treating their patients. Failure to do so can result in doctors, nurses and other medical staff being held liable for damages to the patient.
How Will Wolf & Pravato Prove Negligence in my Medical Malpractice Claim?
In a medical malpractice lawsuit, the injured patient can sue a medical professional for pain, mental anguish, medical expenses, lost wages, lost earning capacity, etc. In order to have a successful medical malpractice claim, the injured patient must be able to prove that:
- The patient was owed a duty of care
- A breach of duty occurred due to the negligence of the medial professional
- The negligence of that medical professional directly resulted in injury to the victim
- The injury resulted in compensable harm to the patient and that the victim is entitled to damages
It is typically necessary in medical malpractice lawsuits to hire an expert witness to corroborate your story. This witness can explain to a jury that the medical professional in your case did not live up to the standard of care that a reasonable professional would under similar circumstances. The expert witness will also testify as to whether they believe the negligence of the medical professional led to your injury.
Limits on Medical Malpractice Awards in Florida
The State of Florida places limits on certain kinds of medical malpractice awards. There is a cap placed on the amount of non-economic damages a person can receive in a medical malpractice lawsuit. Non-economic damages are the non-quantifiable losses incurred due to an injury, such as pain and suffering, mental anguish, disfigurement, etc.
In Title XLV Torts Section 766.101, non-economic damages from medical malpractice by a practitioner is limited to $500,000 and damages caused by a non-practitioner are limited to $750,000. In the case of wrongful death or catastrophic injury, damages are limited to $1 million and $1.5 million respectively.
However, there is no limit on economic damages, such as medical expenses, lost wages or other monetary losses that you suffered due to your injury.
You don’t have to suffer due to the negligence of a medical professional. If you have been injured or suffered from malpractice in Miami, contact the Miami medical malpractice attorneys from Wolf & Pravato today to set up a consultation – 1-954-633-8270.