09/04/2025
Meeting with Dean Pascal Goldschmidt to discuss a botched surgery case.
We analyzed and discussed whether a surgeon committed malpractice.
In Florida, a plaintiff in a medical malpractice lawsuit can generally recover three categories of damages: (1) economic, (2) non-economic, and, in limited cases, (3) punitive damages.
1. Economic Damages (Compensatory for Financial Losses)
These are measurable, out-of-pocket expenses caused by the malpractice. They can include:
• Past and future medical expenses (hospital bills, surgeries, rehabilitation, medications, nursing care, etc.)
• Lost wages (income lost due to time away from work)
• Loss of future earning capacity (if the injury prevents the plaintiff from returning to their prior work or reduces earning ability)
• Other financial costs directly related to the malpractice (e.g., home modifications, medical equipment, in-home care).
2. Non-Economic Damages (Intangible Losses)
These compensate for harm that doesn’t have a direct dollar value, such as:
• Pain and suffering
• Mental anguish and emotional distress
• Loss of enjoyment of life
• Disfigurement or disability
• Loss of companionship and consortium (for a spouse or family in wrongful death cases).
3. Punitive Damages (Rare)
• Awarded only in cases of gross negligence, reckless disregard for patient safety, or intentional misconduct.
• Florida law requires clear and convincing evidence that the provider’s conduct went beyond ordinary negligence.
• These damages are intended to punish and deter egregious behavior, not compensate the victim.
If you have any questions about send a DM or leave a comment below.
You can also find Frequently Asked Questions on our website link in bio📲
In the meantime, stay safe and enjoy the ride!
