Few types of injury claims make headlines more often than those for medical malpractice. But the sorts of cases that are front page news are really extremes either for the deleterious nature of the malpractice or for the high award being sought. Most cases are far less spectacular, but every bit as important to the victim. West Palm Beach medical malpractice mttorney Jessica Mishali works diligently with clients who fall victim to malpractice to gain fair compensation.Florida Statute
Chapter 766 of the Florida Statute provides the legal foundation for medical malpractice lawsuits. Strict limitations and regulations exist in this state, so it is vital for a victim to take immediate action. The time limitation during which a claim can be filed is two years. With some 40 years of law practice to draw from, West Palm Beach medical malpractice attorney Jessica Mishali can help you avoid the pitfalls of late filing or improper paperwork.Compensation and Limitations
Florida has taken great strides to put a cap on exorbitant claims demands. One malpractice suit can destroy a doctor’s practice, and even harm the ability of a hospital to continue to provide services. State regulations limit the recovery for non-economic damages to $500,000. If the victim dies, the limitation is doubled. The reasoning for this is that these damages—pain, suffering, etc.—are very difficult to set a price on, and therefore have been a common area for frivolous or over-priced lawsuits.
A curious aspect of Florida law is that not all doctors are required to carry malpractice insurance. This is a boon to doctors, who in other states sometimes pay well into six figures for coverage, even if they have never had a malpractice claim brought against them. To balance this, the state has set up a Patient Compensation Fund.Punitive Damages
Juries tend to be swayed by emotion. In some states they are given free reign to allow punitive damages that sometimes amount to millions of dollars. Florida limits the amount of punitive damages that can be sought to $500,000, unless the malpractice was deliberate.Call a West Palm Beach Medical Malpractice Attorney for Assistance
West Palm Beach medical malpractice attorney Jessica Mishali fights for the rights of clients who suffer injuries because of another’s negligence. Please call Mr. Press for a free consultation today at (561) 833-2772.