Learning that you have cervical cancer is often the beginning of an overwhelming journey. You should not have to worry about your doctor’s medical negligence worsening your condition. For instance, a delayed diagnosis could mean the difference between life and death for a patient with cervical cancer.
If your physician failed to diagnose your cervical cancer or misdiagnosed your condition, you are likely incurring substantial medical expenses and experiencing emotional distress. Fortunately, a local attorney could assist you with recovering damages in Florida cervical cancer cases.
Available Compensation in Cervical Cancer Cases
The law characterizes a patient’s losses into economic and non-economic damages. Most cervical cancer plaintiffs receive damages in both categories.
Economic damages represent the financial losses a claimant incurs as a result of a doctor’s negligence. They are easily calculated and can include:
- Past and future lost wages
- Past and future medical bills
- Travel expenses
- Attorney’s fees
- Other incidental costs
Furthermore, the value of non-economic damages is usually subjective, as they represent intangible losses. Examples of non-economic damages in Florida cervical cancer lawsuits include:
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Loss of fertility
- Loss of bodily functions
- Scarring or disfigurement
Prospective plaintiffs in cervical cancer malpractice claims should discuss all of these expenses and other losses with a skilled attorney. By doing so, they could ensure that all of their damages are accurately measured and that they maximize their potential compensation.
Does Florida Limit Damages in Cervical Cancer Cases?
As a part of tort reform, Florida previously capped the amount of financial compensation medical malpractice plaintiffs could receive. It is important to note that the Florida Supreme Court ruled in the appeal of North Broward Hospital District v. Kalitan in 2017 that caps on non-economic damages were unconstitutional. As such, the non-economic damage caps codified in Florida Statute §766.118 are no longer enforced.
Settlements Versus Court Awards
There are generally two ways a Florida plaintiff can receive compensation for their damages in a cervical cancer lawsuit. First, the case could end before trial with a settlement negotiated between the plaintiff and defendant. If a settlement cannot be agreed upon, the case will proceed to the trial phase, and the court will determine if and how much compensation the plaintiff is entitled to for their damages.
When negotiating a settlement, both sides will consider the types and amounts of damages claimed by the plaintiff, the evidence for or against the plaintiff and the defendant, and the extent and duration of the plaintiff’s injuries. If a settlement is reached, the claimant would be required to sign a legal agreement that they will not seek compensation for the same case in the future.
Get an Attorney’s Help with Pursing Damages in Florida Cervical Cancer Lawsuits
Obtaining damages in Florida cervical cancer cases can be made easier with the professional help and guidance of an attorney from our firm. Our legal team could help show the court how your healthcare provider’s negligence caused your injuries.
Without a lawyer who is dedicated to helping you assert your legal rights, you might never receive the compensation you deserve for your injuries. Avoid that risk by consulting with a lawyer from our firm today.
Speak to a member of our team today.