Damages in Medical Negligence Cases

Usually there are two kinds of damages available if you bring a claim for medical malpractice: compensatory damages and punitive damages. Compensatory damages are awarded most often, and punitive damages are only awarded when the court feels that the defendant needs to be given a bit of a lesson, and that other potential defendants need to be warned.

Compensatory Damages

Compensatory damages are to make the plaintiff “whole” again. In other words, they are meant to make up for the injury and loss.

• Actual damages – for economic loss. This would be out-of-pocket expenses such as medical bills, prescription drugs, physical therapy, nursing assistance, and medical equipment like a wheelchair. It would also include income lost while you were being treated and recovering.
• General damages – for non-economic loss. This would be pain and suffering, loss of companionship or consortium, inability to work, physical disability, and disfigurement. In some cases you can be awarded damages for future lost wages and future therapy or treatments. There might even be an award for loss of the opportunity for a better medical outcome because of the defendant’s negligence.

Punitive Damages

As the name suggests, punitive damages are a way to punish the medical provider for wrongdoing, and to try and prevent any similar misconduct in the future. The defendant must have done more than simply be negligent. There must have been actions that were in bad faith, fraudulent, or malicious, demonstrating a conscious indifference to the potential results for the plaintiff. Florida allows punitive damages in rare cases.

View our page on who is a potential defendant in a medical negligence case.

Some instances when punitive damages could be awarded

• Changing a person’s medical records
• Misrepresenting a surgery
• Failing to perform adequate testing on a child’s health

Damages from the Patient Compensation Fund

Florida has two of these funds. The Patient Compensation Fund provides extra insurance for medical malpractice liability. Participating healthcare providers pay a yearly contribution. There is no need to establish negligence on the part of a medical provider.

The Florida Birth-Related Neurological Injury Compensation Plan covers severe birth injuries when its parameters are met, e.g., the birth was on or after January 1, 1989, the baby suffered oxygen deprivation or a mechanical injury, and was significantly impaired.

If you would like a free initial consultation, please contact us as soon as you can. Delay is never a good idea in preparing for a legal claim. We serve the entire Southern Florida area.

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Florida medical negligence attorney Craig Goldenfarb represents clients throughout South Florida, including the cities of Palm Springs, Stuart, and Fort Pierce, and residents of Palm Beach County, Martin County, and St. Lucie County. Our office in West Palm Beach, Florida, is located a quarter mile west of I-95 on Palm Beach Lakes Blvd., behind Chick-Fil-A in the Legacy Bank Building.