Medical Malpractice

Medical Malpractice Damages

Medical malpractice occurs when a patient is injured due to the negligence of a medical professional or institution. When a doctor, nurse, surgeon or other healthcare professional fails to meet the standard of care expected in the medical community, patients who develop injuries as a result can pursue medical malpractice damages for their suffering. Damages are typically awarded through a trial verdict or medical malpractice settlement, which is a negotiation between the involved parties.

If you or a loved one was injured due to medical malpractice, you may be entitled to recover financial compensation through a medical malpractice lawsuit. Fill out the free case review form on the right to speak with a medical malpractice attorney today.

Compensatory Medical Malpractice Damages

In medical malpractice cases, compensatory damages are awarded to compensate the injured patient for the harm caused by a medical professional's negligence. Compensatory medical malpractice damages attempt to make the victim "whole" again and provide financial compensation for economic and non-economic losses. Also known as actual damages, economic losses that may be covered in medical malpractice compensation include:

Medical expenses: Medical malpractice compensation can provide the injured victim with money to cover medical expenses. Medical malpractice monetary damages can cover the cost of hospital stays, doctor visits, physical therapy, prescription drugs, assistive devices and similar expenses. When an injury is severe or permanent, the medical malpractice victim may also be awarded compensation for future medical expenses.

Lost wages: Medical malpractice victims can also recover compensation for lost earnings. Patients who must take time away from work to recover from their medical malpractice injuries may be able to collect compensation for lost wages.

Loss of earning capacity: When a patient is unable to earn the same amount of money as he or she did prior to their accident, they may be awarded compensation for a loss of earning capacity.

Non-economic medical malpractice damages, also known as general damages, are typically harder to quantify and can include the following:

Pain and suffering: Medical malpractice damages for pain and suffering typically compensate the victim for the physical pain caused by their injuries. Pain and suffering medical malpractice damages may also include compensation for emotional distress, which refers to the anxiety, depression, fear, frustration and other mental suffering that can develop as a result of a medical malpractice injury.

Loss of Consortium: The spouse of the medical malpractice victim may be able to recover compensation for the loss of marital benefits. Loss of companionship, sexual relations, affection, and comfort are among the compensable marital benefits. Loss of consortium medical malpractice damages are typically awarded in cases of life-changing or permanent injuries.

Non-economic medical malpractice damages can also include compensation for loss of life’s enjoyment and disability or disfigurement.

Punitive Damages in Medical Negligence Cases

When the conduct of a nurse, doctor or other medical professional is willful or malicious, the injured patient may be entitled to punitive damages. Rather than compensate the victim for their losses, punitive medical malpractice damages aim to punish the defendant and deter others from engaging in similar conduct.

Punitive damages are not awarded in every medical malpractice case. The following describes instances in which a jury awarded punitive damages to the plaintiff:

• The plaintiff did not give consent before a surgical procedure
• The surgeon did not provide adequate follow-up or failed to perform the procedure properly
• The healthcare professional changed medical records
• The medical team failed to perform adequate testing to ascertain the health of a child
• The medical professional failed to properly administer drugs or anesthesia

Medical Malpractice Attorneys

If you or a loved one has been injured from a misdiagnosis, doctor error, prescription mix-up or other form of medical negligence, contact our medical malpractice lawyers today. Depending on the details of your medical malpractice case, you may be entitled to recover compensatory and punitive medical malpractice damages with the help of our medical negligence attorneys. Although financial compensation cannot heal an injury or bring a loved one back, it can provide you and your loved ones with financial stability. For a free case review, contact our medical negligence lawyers today.