FAQ

Future medical expenses — Recovery is permitted if the plaintiff proves that he or she will need continued medical care as a result of the defendant's wrongful act.

Future profits — Recovery for projected profits that, because of the injury, will not be earned. Proof requires a showing that there is a reasonable basis for determining the amount; speculation is not proof.

General damages — Compensation for harm that ordinarily results from wrongful conduct, such as physical and mental pain, loss of enjoyment of life. These damages cannot be proved with monetary exactness.

Lost profits — Net profits the plaintiff would have earned in his or her business had the plaintiff not been injured by the defendant.

Lost wages — The amount of money the plaintiff would have earned from the time he or she was injured to the date of trial.

Medical expenses — Bills and expenses for doctors, hospital stays, emergency room treatment, ambulance fees, nursing services, and the like.

Pain and suffering — An award for past and future physical pain.

Medical Malpractice FAQ's

What is medical malpractice? — A doctor has a duty to give his patients proper medical care within a reasonable standard set by doctors within the same medical field. This “standard of care” test is used to determine whether or not a doctor has committed medical malpractice by doing something he should not have done or failing to do something he should have done, resulting in his medical care falling below the “standard of care” and thus constituting medical malpractice.

What do I do if I suspect my doctor has done something wrong? — First, you must consult with an attorney immediately to preserve your right to file a claim. Florida law favors the negligent doctors in that it shortens the amount of time you have to file a claim against the doctor for his wrongful behavior. A person has only two years to file a medical malpractice claim from the time they knew or should have known that their doctor did something wrong. This is only half the amount of time a person has to file a claim for most other types of injuries.

What can I do now to help preserve my rights? — Aside from consulting an attorney, you must preserve evidence. For example, keep your prescription bottles (even if empty) as well as any type of medical equipment used (ie. crutches); keep receipts for all expenses associated with your injury (prescriptions, medical equipment, insurance co-payments); take pictures of any scarring, bruising, discoloration and/or swelling; keep a diary of how you feel each day, how you are limited by your injury, what doctors you see, and what medicine you take; and try to get your medical records from your physician or the hospital so you may use them while consulting with your attorney as to your claim.

Contact our Miami law firm for more information about a personal injury or medical malpractice claim.