What Kind of Damages Can I Recover for Medical Malpractice?

By Osborne & Francis
October 25, 2023

We turn to medical providers when we are sick or injured. We even trust them with our children, our partners, and our parents. Unfortunately, sometimes they let us down. When does a simple mistake cross the line into a serious medical error and become medical malpractice? What kind of damages can you recover in a medical malpractice lawsuit? The medical malpractice attorneys of Osborne & Francis have the expertise to answer these questions and help you craft a winning legal strategy. 

If a serious medical error has caused you to sustain a further injury or incur other damages, you may have grounds for a Florida medical malpractice lawsuit.

The personal injury lawyers of Osborne & Francis are prepared to assist you in pursuing a fair settlement for your damages.

We provide free case evaluations where we can discuss your options for legal recourse. You can call us at 561-293-2600 or contact us online at our Orlando or Boca Raton offices. 

What is Medical Malpractice?

As personal injury lawyers, we often get questions about what qualifies as medical malpractice.

Simply put, medical malpractice is a treatment that fails to meet the standard of care within the context of a provider-patient relationship. The standard of care is a benchmark for healthcare providers. It is meant to standardize care across healthcare facilities and providers. 

Essentially, if you receive treatment from a cardiologist with 13 years of experience in Orlando, you should be able to expect the same level of care from a cardiologist with similar experience in Boca Raton, Jacksonville, or Miami. If the Orlando cardiologist missed a diagnosis that the other cardiologists would have caught, you may have the beginnings of a medical malpractice case. 

Furthermore, there must have been actual harm done for a patient to be able to seek damages. Let’s say that a nurse accidentally administers an incorrect dosage, but it does not compromise your care with further injury, subject you to pain, or in any way jeopardize your recovery. If you don’t have any damages to claim, like additional medical bills or pain and suffering, then it logically follows that you don’t have anything to be compensated for in a medical malpractice lawsuit.

Types of Florida Medical Malpractice

Many types of healthcare providers and medical institutions can be accused of medical malpractice. When a healthcare provider is negligent in their duty, the consequences can be severe, or even deadly, for their patient. For example, a doctor who misses a cancerous tumor may have delayed that patient’s treatment, allowing the tumor to grow beyond treatment. Among the most common types of medical malpractice errors are the following.

You Can Recover Damages from Medical Malpractice

There are several types of damages you may be able to pursue in a Florida medical malpractice lawsuit. Economic and non-economic damages fall under the umbrella of compensatory damages, which are intended to rectify the financial, physical, and emotional harm done to the plaintiff by the defendant. 

In theory, you should be no worse off financially than you were before the incident of medical malpractice occurred if you are able to fully recover your compensatory damages. In rare cases, you may also be able to claim punitive damages, although most personal injury lawyers will tell you that compensatory damages should be your first goal. 

Economic Damages in a Florida Medical Malpractice Lawsuit

Economic damages are losses that have an established cost. They can often be validated through bills or receipts. After a medical malpractice injury, you will likely require additional care. This can have a ripple effect on your life; you may need to take more time off from work, attend physical therapy, take medication, and undergo surgery. The financial impact of this can be significant. Additional economic damages may include:

  • Costs of transportation to appointments
  • Mobility aids like canes or wheelchairs
  • Cost of home renovations for accessibility
  • Funeral and burial costs for wrongful death claims

Non-Economic Damages in a Florida Medical Malpractice Lawsuit

Non-economic damages are more difficult to quantify, as they can range widely between claims. This type of damage is an emotional or intangible loss that results from a medical malpractice injury. Let’s say that a surgeon botched a hip replacement surgery on an elderly grandmother. What is the value of her ability to walk and pick up her grandchildren? This is just one example of non-economic damages.

In medical malpractice claims, pain and suffering is often included as a damage, but it is far from the only one worth considering. Other common non-economic damages include:

  • Disfigurement
  • Paralysis 
  • Emotional distress
  • Loss of consortium 
  • Loss of companionship or parental guidance in wrongful death claims

Punitive Damages Are Rare in Personal Injury Lawsuits

Unlike economic and economic damages, punitive damages are not intended to restore the value of what has already been lost. Punitive damages are about punishing the defendant for their negligence and setting a precedent for future claims. In order for punitive damages to be approved in a medical malpractice lawsuit, the medical provider likely would have had to commit an egregious error, intentional tort, or display a pattern of violations against the standard of care. 

What Factors Determine My Claim’s Value? 

There are several considerations that go into deciding the value of a medical malpractice claim. Compensatory damages will be evaluated based on how they have impacted your life thus far and how they are likely to impact your life in the future. Your illness or injury may necessitate drastic lifestyle or career changes, which can influence the amount you receive in a settlement.

For example, consider a single mom who is forced to undergo a leg amputation after a surgeon violates the standard of care. She is the sole provider and caregiver for her young child, and she is no longer able to work as a waitress. Her claim would likely receive additional compensation due to her circumstances, as the impact of her amputation does more damage to her life than it would to a white-collar worker with no children. 

A medical malpractice attorney is the most qualified party to evaluate which damages may be applicable in a personal injury lawsuit and calculate their value. We have the perspective and expertise necessary to consider all angles when calculating the value of your damages.

Why Should I Choose Osborne & Francis to Represent Me?

Medical malpractice claims often depend on highly technical medical records and expert testimony. The medical malpractice attorneys of Osborne & Francis have the connections to secure medical experts and the knowledge to effectively communicate your position to fact finders in a personal injury lawsuit.

In fact, we’ve been doing it for the past 7 years. During that time, we have earned a reputation as tough negotiators who are invested in their clients’ well-being. We have also negotiated multi-million dollar settlements from powerful companies for our injured clients. If you or a loved one has been a victim of medical malpractice, the best thing you can do to protect the integrity of your claim is to hire a seasoned legal firm that is familiar with the intricacies of medical malpractice claims.

Schedule a Free Medical Malpractice Case Evaluation with Osborne & Francis

Despite the high level of trust we place in the medical community, healthcare providers are not infallible.

When they make serious mistakes, they can cause pain, compromise mobility and cognitive function, or even take a life. If you have been harmed by an act of medical malpractice, you have the right to pursue compensation in a medical malpractice lawsuit.

Insurance companies are not on your side, which is why you need a formidable trial attorney to handle your Florida medical malpractice lawsuit. In the event that the insurance company is not willing to offer you a fair settlement in negotiations, you don’t want to be worried about whether or not your personal injury attorney is up to the task of trial.

At Osborne & Francis, we relish the opportunity to fight for the damages you deserve. Give us a call at 561-293-2600 or contact our Orlando or Boca Raton office online to schedule a free case evaluation.

Let us focus on the details of your medical malpractice lawsuit while you focus on your recovery.

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“I couldn’t have asked for a better lawyer/ firm — everything was done professionally exactly how I wanted. Due to COVID my personal attorney Mr. Garcia was still able to make things work in a timely manner and he never made me feel like he wasn’t working. Overall I’m happy with how my case turned out and I would recommend him and this law firm to anyone. 100% satisfied.”

T. Andrews

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“Attorneys Greg Francis and Ryan Fletcher at Osborne & Francis Law Firm represented me in my personal injury case.The defendant drew a line in the sand and was adamant on a settlement amount I was almost willing to accept. After the dust settled and the smoke cleared, we settled for 3 times that amount!!! When they say ‘Real Tough Lawyers,’ they mean it.”

Erica F.

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"Best personal injury attorney around, I could not be happier! I was seriously injured in a car accident and Osborne and Francis helped me through the entire process. I was blown away by how knowledgeable the staff and attorneys are at this incredible law firm. I would not hesitate to recommend this law firm to friends and family!"

E. Holland

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Dennis and the other Osborne & Francis staff were amazing! Our case was HUGE and required tender loving care. Everyone on our case did their part by putting all the puzzle pieces together. We were given step by step updates and put at ease when our nerves got the best of us. For every inquiry we made we received a timely response...You are appreciated!


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Quick and fair resolution to a unique case. On advice of my own attorney, I engaged Joseph Osborne of Osborne & Francis of Boca Raton, FL. Mr. Osborne had considerable experience in cases such as mine and the results showed that. Mr. Osborne and his staff were very helpful, kept me up to date, and listened to my input. The settlement was very fair as far as I am concerned.

C. Smith

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“I am so thankful for EVERYONE, the entire staff at Osborne & Francis Law, for mentoring me through the mediation process with my hip replacement failures. I didn't realize how MUCH pressure they relieved me of by helping me deal with the reality of this traumatic time in my life, as it was OVER so quickly with a positive result. My family is grateful to have their mom HAPPY & FOCUSED on the future, rather than worrying over what happened in the past! FAST FORWARD, we are LIVING LIFE to the fullest once again!”

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