What to Know About Medical Malpractice Case Costs in Florida

When considering a medical malpractice case in Florida, understanding the costs involved is essential for anyone looking to pursue legal action. Medical malpractice claims can be complicated and often require significant financial investment. Here’s what you need to know about the costs associated with these cases in Florida.

1. Attorney Fees
One of the most significant costs in a medical malpractice case is attorney fees. In Florida, many attorneys work on a contingency fee basis. This means that the attorney receives a percentage of the settlement or award only if the case is successful. Typically, this percentage ranges from 25% to 40%, depending on the complexity of the case and the point at which the case is resolved. It’s essential to discuss fee structures upfront before committing to an attorney.

2. Expert Witness Fees
Medical malpractice cases often rely on expert testimony to establish that a healthcare provider's actions fell below the accepted standard of care. Hiring medical experts can be costly, sometimes reaching thousands of dollars for their time and reports. Experts may charge for their evaluations, consultations, and time spent preparing for trial. Ensure you budget for these expenses when planning your case.

3. Court Costs
Filing a lawsuit incurs court fees, which vary depending on the specific case and court location. These costs include filing fees, service fees, and any associated costs for obtaining medical records or other necessary documentation. While these fees may seem minor compared to attorney fees, they can add up quickly, so it's wise to be prepared for them.

4. Medical Record Fees
Gathering medical records can be another unexpected expense in a medical malpractice case. Healthcare providers may charge for copies of medical records, and these costs can vary widely. In Florida, under certain circumstances, you have the right to obtain medical records at a reasonable cost, but it's crucial to confirm that you are aware of any upfront fees.

5. Trial Costs
If your case goes to trial, additional expenses can accumulate, including jury fees, trial technology costs, and the expenses associated with preparing visual aids. Furthermore, if the trial is lengthy, there can be additional costs related to expert witnesses and court proceedings. It's essential to have an understanding of these potential costs before entering into a lengthy legal battle.

6. Insurance and Other Potential Costs
Many medical malpractice claims are defended by insurance companies. If a case is lost, you may be responsible for the defendant’s legal fees and costs if ordered by the court, which is referred to as a “loser pays” scenario. It’s important to discuss potential liability with your attorney, so you are fully aware of the financial risks involved.

In conclusion, while the possibility of financial recovery in a medical malpractice case can be appealing, it's vital to understand the various costs associated with pursuing such a case in Florida. Make sure you discuss all potential expenses with your attorney during the initial consultation to create a realistic budget and ensure that you are making informed decisions as you proceed with your case.