Compensation for Medical Malpractice Cases
When a person goes to a medical professional for diagnosis or treatment, they have the right to expect a certain quality of care. This is referred to as the accepted standard of care. The accepted standard is the degree of care that would be provided by similarly trained medical professionals in the same situation.
If a medical professional is negligent in their care, and it leads to physical, emotional, or financial damages, patients can file a medical malpractice claim. Lawyer Daniel D. Moody helps his Lakeland, FL, and Winter Haven, FL, clients determine the types of medical malpractice compensation that may be due based on the losses that they have suffered.
A large portion of the compensation awarded in a medical malpractice claim often consists of medical expenses. If a medical professional’s reckless or negligent care leads to injuries, more progressed illness, or other medical complications, patients should be compensated for all the medical expenses related to physical damages. Potential medical expenses include:
- Cost of doctor’s appointments and check-ups
- Hospitalization fees
- Surgical fees
- Emergency room care costs
- Cost of prescription medication
- Cost of ongoing therapy and rehabilitation
- Cost of assistive medical devices
- Anticipated future medical expenses
Another monetary loss that should be compensated for in a medical malpractice case is lost wages. If illness or injury prevents a person from working, then negligent medical professionals should be held liable for all the wages that are lost as a result of that time off. Sometimes an illness or injury is so severe that a person is unable to return to their previous line of work altogether. In these cases, we assist our Lakeland clients in pursuing compensation for the loss of wage-earning potential.
Pain and Suffering
Although it can be difficult to quantify, it is important that medical malpractice victims be compensated for the pain and suffering they experience as a result of negligent medical care. Pain and suffering refers not only to physical pain, but also emotional distress, diminished quality of life, loss of enjoyment of hobbies or activities, strained relationships with loved ones, and more. Daniel D. Moody can determine the amount of compensation that should be pursued based on the degree of pain and suffering that his clients have endured.
Punitive damages are not commonly awarded in a medical malpractice claim. However, the state of Florida allows punitive damages to be awarded in cases where the defendant’s behavior constituted intentional misconduct or gross negligence. An example of this would be purposefully harming or injuring a patient so that they have to schedule follow-up medical care. Punitive damages serve as a punishment for the defendant and are meant to deter similar actions in the future.
If you have suffered physical, emotional, or financial damages related to negligent medical care, you should consider filing a medical malpractice claim. To discuss the details of your situation and learn about the type of compensation you may be due, send us a message online or call (863) 284-9090 and request a personal consultation.