Medical Malpractice Lawyer
In medical malpractice cases, patients who have suffered harm or injury due to the negligence of healthcare providers may pursue different types of damages to compensate for their losses. These damages aim to help the victim recover physically, emotionally, and financially from the consequences of the malpractice.
Compensatory damages are designed to compensate the injured party for the losses and harm they have suffered due to medical malpractice. These damages can be further categorized into economic and non-economic damages:
- Economic Damages: Economic damages cover measurable financial losses incurred as a direct result of the malpractice. They include medical expenses, rehabilitation costs, past and future lost wages, and any other expenses related to the injury or treatment. For instance, a patient may claim economic damages to cover the costs of corrective surgeries or ongoing physical therapy required due to the malpractice.
- Non-economic Damages: Non-economic damages, also known as general damages, address the intangible losses experienced by the victim. These damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and any permanent disability or disfigurement resulting from the malpractice. Since non-economic damages are subjective, their assessment often involves considering the severity of the injury and its impact on the individual’s life.
Punitive damages, also called exemplary damages, aim to punish the negligent healthcare provider for egregious conduct and to deter others from engaging in similar behavior. Unlike compensatory damages, punitive damages go beyond compensating the victim and are awarded when the healthcare professional’s actions are found to be reckless, malicious, or intentionally harmful. However, not all jurisdictions allow punitive damages, and their availability and limits vary by location.
Loss of Consortium
In some malpractice cases, the injured party’s spouse or family members may also be entitled to damages for loss of consortium. Loss of consortium refers to the loss of companionship, support, and services that the injured person’s family members have suffered due to the malpractice. These damages acknowledge the impact of the injury on the patient’s loved ones and their relationship.
Wrongful Death Damages
If medical malpractice leads to the death of a patient, the surviving family members may pursue wrongful death damages. These damages typically include compensation for funeral and burial expenses, loss of financial support, loss of companionship, and emotional suffering experienced by the surviving family members.
In cases where the patient’s injuries require ongoing medical treatment, future damages may be pursued. These damages account for the estimated costs of future medical care, rehabilitation, and any long-term assistance or support needed as a result of the malpractice.
Medical malpractice cases can be complex, and pursuing damages requires legal expertise. If you or a loved one has been injured because of medical negligence, it is important to seek the help of a seasoned medical malpractice lawyer in order to explore all of your legal options.Thank you to our friends at Hall-Justice Law Firm LLC for their insight into medical malpractice cases.