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:
β’ Past and future medical expenses (hospital bills, surgeries, rehabilitation, medications, nursing care, etc.)
β’ Lost wages (income lost due to time away from work)
β’ Loss of future earning capacity (if the injury prevents the plaintiff from returning to their prior work or reduces earning ability)
β’ 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 doesnβt have a direct dollar value, such as:
β’ Pain and suffering
β’ Mental anguish and emotional distress
β’ Loss of enjoyment of life
β’ Disfigurement or disability
β’ Loss of companionship and consortium (for a spouse or family in wrongful death cases).
3. Punitive Damages (Rare)
β’ Awarded only in cases of gross negligence, reckless disregard for patient safety, or intentional misconduct.
β’ Florida law requires clear and convincing evidence that the providerβs conduct went beyond ordinary negligence.
β’ 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 bioπ²
In the meantime, stay safe and enjoy the ride!