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What amount of damages can a patient recover in a medical malpractice claim?

In some states, there is a limit on the amount of damages that a patient can recover in a medical malpractice claim. Compensatory damages are meant to compensate a patient who has suffered an injury, for medical expenses, lost wages because the patient missed days of work and pain and suffering.

There is a limit on the amount of non-economic damages that a patient can recover in Florida. Non-economic damages compensate the patient for the pain and suffering that he or she has suffered. One cannot recover more than $1 million of non-economic damages in Florida.

There is also a limit on the amount of punitive damages that one may recover in Florida. The reason for punitive damages is to deter other potential defendants from engaging in similar negligent behavior that causes injury to other patients. In order to recover punitive damages in a medical malpractice case in Florida, the patient must prove that the hospital, doctor or other health care provider intended to cause severe harm.

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