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Tampa Personal Injury Blogs from March, 2012

Information Regarding Limits on Damages


Medical malpractice cases that result in unintended or unexpected death remains one of the leading causes of death in the United States. Doctors are not the only source of medical malpractice. Hospitals, surgery centers, clinics, pharmacies, home health nurses and nursing homes can all be liable for medical errors that result in serious injury and/or wrongful death. Our Tampa Medical Malpractice Attorneys are here to assist you and your loved ones who may have been harmed by the negligence of a medical professional.

Unfortunately, medical malpractice cases within the State of Florida are governed by statutory limits on the damages that can be recovered by the injury party or his/her estate. Section 766.118(2)(a), Florida Statutes limits the non-economic damages a Plaintiff can recover in a medical malpractice case. Non-economic damages are typically limited to $500,000.00 per claimant, regardless of the number of defendants who may have committed malpractice. The $500,000.00 also applies to each defendant regardless of the number of claimants. A higher limit can apply if the malpractice resulted in a permanent vegetative state or death to the claimant. In those situations, the non-economic damages from all defendants cannot exceed $1,000,000.00.

In cases involving emergency care and treatment, the limitation on non-economic damages that a claimant can recover from an emergency healthcare provider cannot exceed $150,000.00 and the total amount recoverable from all claimants cannot exceed $300,000.00 regardless of the number of negligent emergency healthcare providers.

You should remain mindful that medical malpractice claims must be filed within two (2) years from the date of the alleged medical negligence or they will likely be barred by the Statute of Limitations. If you have reason to believe you or a loved one may have sustained harm or injury as the direct result of medical negligence, please contact us, your Tampa Personal Injury Attorneys.

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