Not exactly. If an individual receives treatment from a medical professional and he/she is displeased with the quality of care they received, it doesn’t necessarily mean the doctor is guilty of medical negligence. In order for a doctor to be guilty of medical malpractice, he/she must have provided them with care that does not meet the standard level of care. In other words, the medical professional failed to “follow generally accepted professional standards” [Source: Legal Information Institute].


Example of Medical Negligence


Here is an example of when a doctor could be sued for medical malpractice in Florida.

A patient who suffered a back injury needed to have a surgical procedure performed that required them to be placed under anesthesia. During the time he/she was under anesthesia, the licensed anesthesiologist failed to monitor the patient’s condition during the procedure which resulted in them suffering a severe brain injury. Because the anesthesiologist failed to monitor the patient to avoid any accidents, they or the hospital could be held liable for the error.


Damages Awarded in Medical Malpractice Cases in Florida


When a patient has a viable claim against a doctor, they can bring a medical malpractice lawsuit against them and/or the hospital that employs them to recover damages for their injuries/losses. Now, like some states, Florida has set a cap for how much a victim of a medical error can receive for noneconomic damages. Some examples of noneconomic damages include pain and suffering, mental anguish, loss of enjoyment of life, loss of companionship, and more.

When a victim is seeking compensation for noneconomic damages, they shall not be awarded an amount that exceeds $500,000 given they win their case [Source: Florida Statute §766.118]. It is important to note that there may be some exceptions to this law and a Daytona Beach, FL personal injury lawyer would be able to determine when these would apply to a particular case. Now, in terms of economic damages (e.g. medical expenses, lost wages, transportation costs, burial expenses, etc.), the State has not set a cap for this which means a victim can request an amount that is a true reflection of their economic losses.


Pappas and Russell, P.A. Can Determine When a Patient Has a Viable Case Against a Medical Professional


If an individual or their family member has suffered an injury as a result of a medical mistake, they should contact Pappas and Russell, P.A. to speak with a Daytona Beach, FL personal injury attorney. The dedicated team of attorneys at Pappas and Russell, P.A. would be happy to review the details of the incident and determine if their legal assistance is needed to help a victim recover compensation for their injuries and losses.


Pappas and Russell, P.A. is located at:


213 Silver Beach Avenue

Daytona Beach, FL 32118

Phone: 386-254-2941


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