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What types of damages are recoverable in a medical malpractice lawsuit?

Usually, in a medical malpractice lawsuit, certain damages are available if your attorney succeeds in proving that your doctor’s negligence caused your injuries. These kinds of economic or non-economic damages, or compensation, include:

  • Medical expenses
  • Potential future medical expenses
  • Lost wages
  • Loss of potential future income
  • Pain and suffering
  • Punitive damages, which generally apply to cases in which the doctor’s conduct was egregious or outrageous

Some states have enacted laws that limit the amount of damages that you can recover in a medical malpractice lawsuit. The majority of these limits apply to non-economic damages, including pain and suffering, which encompass pain, discomfort, scarring, disfigurement, anxiety and stress.

In Florida, there is a $500,000 limit on non-economic damages in medical malpractice lawsuits against defendants who are doctors. The cap rises to $750,000 in lawsuits against defendants who are non-practitioners, such as a corporate health care entity. The cap increases to $1,000,000 if the malpractice caused the plaintiff’s death, or caused the plaintiff to be in a vegetative state.

Other Frequently Asked Questions About Medical Malpractice

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