What are the elements of damages in a medical malpractice claim?

In Florida, the specific elements of damages that must be present in a medical malpractice claim are negligence, harm, and causation. Negligence refers to the healthcare provider’s failure to meet the expected standard of care in providing healthcare services. Harm is the physical, emotional, financial, or psychological damage caused by the medical negligence. Finally, causation is the connection between the negligence and the harm. In medical malpractice claims, most cases involve a claim for compensation of actual damages. Actual damages are based on the costs associated with the injury, such as medical bills, lost wages, or pain and suffering. These damages are designed to put the patient back in the position they were in before the injury occurred. In some situations, a claim may also include damages for punitive or exemplary damages. Punitive damages are awarded to punish the responsible party for their negligence and to act as a deterrent to others. Exemplary damages, which are less common, are intended to compensate the victim for damages that cannot be calculated in a monetary amount. In Florida, medical malpractice claims require an expert witness to support the negligence and causation elements of the claim. The expert witness must be a healthcare provider that is knowledgeable in the same specialty and practice as the defendant. The expert witness can provide testimony as to the standard of care and that the defendant failed to meet the standard of care.

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What are the elements of damages in a medical malpractice claim?

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