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Florida Debating How Medical Malpractice Claims Should Be Handled


The exact legal process for handling a medical malpractice claim is still somewhat uncertain in Florida. Lawmakers are now debating exactly how these situations should be dealt with, and the outcome of these debates could have a tremendous impact on future lawsuits. If you are in the process of filing a medical malpractice lawsuit, these developments could have a very real impact on your ability to recover compensation. Of course, anyone might one day need to file a medical malpractice lawsuit, so this situation affects us all.

The best way to receive clear answers is to consult with a qualified, experienced personal injury attorney in Florida. During a consultation with one of these legal professionals, you can gain a better understanding of how medical malpractice lawsuits are handled. These situations can be quite complex, but your lawyer should be able to help you navigate the process and receive compensation for the damages you have incurred.

What’s the Debate About? 

So what exactly are lawmakers debating? The main source of discussion is the ability of parents to seek damages for pain and suffering when filing wrongful death lawsuits against medical professionals for the passing of their children. Right now, Florida bars parents from seeking pain and suffering damages if their children do not have surviving spouses or children.

For example, a 19-year-old girl might go into the emergency room in dire need of surgery. The doctors might then botch the surgery, resulting in the teen’s death. Since the victim is so young, they are unlikely to have children or a spouse, which means that the parents would need to file a wrongful death lawsuit on the victim’s behalf. However, these parents would only have the ability to recover compensation for economic damages. Essentially, they would receive a refund for the medical treatment (and perhaps compensation for funeral expenses).

This level of compensation pales in comparison to settlements that involve pain and suffering. Typically, plaintiffs are assigned a “general damages multiplier” that represents the pain and suffering. This number multiplies the total economic damages to create a much larger settlement amount. Parents can easily receive seven-figure sums if they are able to claim pain and suffering.

New Laws are Encountering Issues 

To address this problem, the House Civil Justice & Property Rights Subcommittee approved a bill that would allow parents to claim pain and suffering in medical malpractice lawsuits. However, the bill did not get past the Senate due to opposition from physician groups and insurers. The debate is continuing, and the matter is far from settled.

Enlist the Help of a Qualified Attorney Today 

For help with your case, contact the dedicated Orlando personal injury lawyers at Payer Law. Over the years, we have helped many injured victims in Florida, and we know how traumatic and devastating medical injuries can be. Negligent healthcare professionals must be held accountable, and you have every right to pursue compensation for the damages you have incurred. Book your consultation today, and we can immediately begin developing an effective action plan together.


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