What type of damages are available in a medical malpractice claim?

In Florida, damages that are available in a medical malpractice claim depend on the specifics of the case. Generally, medical malpractice victims may seek reimbursement for economic damages such as past and future medical expenses, lost income, lost earning capacity, and out-of-pocket expenses. Additionally, non-economic damages such as physical pain, mental suffering, and physical impairment can be sought. In pursuing a medical malpractice claim, the plaintiff must provide proof of all damages claimed. The plaintiff must show that a medical professional’s negligence caused the damages and the damages were a direct result of the injury or illness suffered. In some cases, medical malpractice victims may also be entitled to punitive damages, which are generally awarded in cases of extreme negligence. The purpose of punitive damages is to punish the wrongdoer and to deter others from committing the same behavior. Finally, in cases of wrongful death, damages may be awarded to the victim’s survivors for their loss of companionship, loss of income, medical and funeral expenses, and more. In Florida, the wrongful death statute of limitations is two years from the date of death, so it is important for families to file a claim soon after the death of a loved one.

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