Hospital Negligence Lawyer Orlando, Fl
If a patient has been injured due to medical malpractice, they could be able to recover a variety of damages which could cover medical bills to future earnings losses to the suffering caused by the loss of enjoyment of life. The patient’s family or estate may be able to recover damages if a patient dies due to medical malpractice.
In order for a patient to be eligible to receive a damage award, an Orlando, Fl hospital negligence lawyer needs to show:
- An idea of the price tag that the damages could be worth
- Specific medical malpractice caused, in some way, the damages
Types of Damages
There are three different categories of types of damages that are available in medical malpractice cases:
General damages: General damages are described as things that are related to the cost of suffering for the patient that do not have a specific price. Each case varies and there are no set rules to determine the exact amount of damages.
To determine the cost, the patient and witnesses will give evidence on the patient’s loss of enjoyment and their suffering and pain. An expert could also provide evidence about any consequences caused by the patient’s injury. It may also be necessary for an expert to testify about the value of lost earning capacity in the cases of young patients could be impaired long term. Most commonly these are:
- Loss of future wages
- Mental and physical pain and suffering
- Loss of enjoyment in life
Special damages: The quantifiable expenses that are caused by medical malpractice are covered by special damages. There is usually estimating involved when it includes future medical bills, however, it is typically more specific compared to general damages. It may be useful for an Orlando, Fl hospital negligence lawyer to bring in an expert, although in most states just by submitted a certified copy of any medical bills will suffice, depending on the specifics of the medical malpractice case. Examples of special damages are:
- Costs associated with past missed work
- Medical bills
Punitive damages: While states do vary on what the requirements for punitive damages are, it is commonly known that if a doctor knew that they were behaving in a harmful way, the patient could be entitled to punitive damages. The specific costs of the punitive damages are decided by a judge or jury, however, it usually cannot be any higher than several times the general or special damages. An example of punitive damages would be if a doctor intentionally leaves a tool in a patient in order to have to have a second surgery to remove the tool.
Death of a Patient Damages
Every state has laws that decide the damages that are able to be recovered if medical malpractice causes a patient’s death. There are known as wrongful death statutes and survival statutes. A hospital negligence lawyer Orlando, Fl clients recommend can explain what the specifics of Florida laws:
- Wrongful death statutes: These are created to compensate a patient’s family for any future monetary loss. This is calculated by determining the patient’s future salary and factoring in the patient’s saving, working habits, and spending.
- Survival statutes: This statute allows for the patient’s family or estate to recover damages that took place from the start of the medical malpractice to when the patient died. These damages would include anything that would be covered in a malpractice suit if the patient had survived.