Staking Your Claim

Four years ago, the Florida Legislature limited the amount of money that can be awarded in medical malpractice cases. In light of these caps on non-economic damages—that is, compensation for pain and suffering—many people wonder if it’s worth it to pursue a medical malpractice case.

Those concerns are valid, says Lake Lytal Jr. of Lytal Reiter Clark Fountain & Williams in West Palm Beach. “We feel that [caps are] unconstitutional, and particularly discriminatory for the very young and the very old, those with no previous work history—which makes it difficult to compute future income—and those who haven’t worked outside the home,” he says.

Attorney Andrew Needle of Needle & Ellenberg in Miami says medical malpractice cases vary so much that it’s impossible to offer a simple answer as to whether a case is worth pursuing. It may be worth the effort if there are significant monetary losses, says Needle, but only if the person has major, long-lasting injuries. Even then, other variables must be considered—such as the complexity of the case, the number of potential defendants, and the number of experts who may be needed to prove the claim.

Lytal advises asking an attorney who specializes in medical malpractice litigation if he or she will evaluate a case without charge. “It’s not a good time to spend a lot of money,” he says. Needle agrees that people with significant permanent injuries due to medical negligence should ask attorneys experienced in handling these claims to evaluate their cases.

Before choosing a medical malpractice attorney, Lytal suggests asking the following questions: Do you handle medical malpractice cases personally? Do you include nursing consultations in your legal fee? And Needle suggests consulting a publication such as Florida Super Lawyers to find a listing of attorneys recommended by their peers.