West Palm Beach Medical Malpractice Attorney
Medical malpractice litigation is the cornerstone of the legal practice at Gary Roberts & Associates, P.A. As one of the few law firms in the country to include among its attorneys a Board-Certified Civil Trial Lawyer, a Board-Certified Neurosurgeon, and a Registered Nurse, we possess the depth of medical knowledge and trial skills necessary to handle the most complex cases of medical errors and surgical mistakes. Based in West Palm Beach, our firm has been called upon to consult in challenging medical malpractice cases throughout Florida and across the United States.
Florida Medical Malpractice Law
In an attempt to limit the liability of doctors for their medical mistakes, the Florida legislature has adopted a complicated and confusing scheme regarding how much money an injured patient can recover in a case of medical malpractice. Generally speaking, an injured person is limited to a maximum of $500,000 for noneconomic damages, which cover losses associated with pain and suffering, physical impairment, mental anguish, disfigurement, the loss of the capacity to enjoy life, and other “nonfinancial” losses. However, it is possible to receive up to $1,000,000 in noneconomic damages in limited circumstances, such as when:
- The malpractice has put the patient in a permanent vegetative state
- The malpractice resulted in death
- The harm was particularly severe and catastrophic so that it would be unjust not to increase the award
Examples of catastrophic injuries in the last category above would include paralysis caused by permanent spinal cord injury, severe brain injury, amputation, severe burns, blindness, and loss of reproductive organs or infertility.
The confusion does not end there. Florida law makes a distinction between medical malpractice caused by “practitioners,” in which case the above limits apply, and medical errors caused by “non-practitioners,” which raises the caps from $500,000 to $750,000 and from $1,000,000 to $1,500,000. Finally, this area of the law is constantly in flux as the Florida Supreme Court is frequently called upon to address whether these caps are reasonable or unconstitutional.
Contacting a Medical Malpractice Attorney
A central component of medical malpractice trials is the use of medical professionals to serve as expert witnesses in the case. This is necessary to demonstrate that the appropriate level of care was not provided and that the harm the patient suffered was due to the medical errors. Our unique combination of medical and trial expertise enables us to convey expert testimony to the jury in an understandable fashion and to cross-examine defense doctors and their experts incisively and effectively. If you or a loved one has been harmed by medical malpractice in West Palm Beach, contact Gary Roberts & Associates for a free consultation with an experienced Florida medical malpractice attorney.