Types of Damages Awarded In Medical Malpractice Suits

Medical malpractice suits occur when a doctor, hospital or health care provider breached his standard of care. To win a medical malpractice case, you must prove that your doctor or health care provider provided a level of care below that which a reasonable doctor would have provided. Expert witnesses are often required to help you prove this element of your case. You must also prove that the doctor's breach was the direct or proximate cause of your damages. So, if you prove all of that, what types of damages can you expect to get?

Personal Injury Damage Awards

Medical malpractice suits are a type of personal injury or tort lawsuit. The damages available are thus similar to those available for any personal injury lawsuit. The primary purpose of these damages is to compensate the plaintiff- to put him back into the position he would have been in, but for the defendant's negligence.

The damages include:

Medical bills: If the doctor's negligence caused you to need any type of additional medical care, you can recover the amount you paid for that care. This can include things such as physical therapy or nursing care required to get you back on your feet.
Lost wages: If you had to miss work because of the injuries your doctor's negligence caused you, then you can recover monetary compensation for the amount of work you missed.
Pain and suffering: This is considered a type of non-compensatory or non-economic damage. It is determined based on the nature and severity of your injuries. A more serious injury that causes more pain is likely to lead to a higher award for pain and suffering
Emotional distress: This is available in some instances where the doctor's negligence caused you to suffer emotional disturbance.
Wrongful death: If the doctor's negligence kills the patient, then the patient's family members or estate can sue for wrongful death. Recovery can include all of the wages that the patient would have made over the course of his life, had he lived. Funeral expenses may also be covered. Family may also recover additional damages for loss of companionship resulting from the loss of their loved one.
Punitive damages: These are not available in all states. When they are available, in order to recover punitive damages, the plaintiff must generally prove that the defendant was grossly negligent. Mere negligence is not enough to justify punitive damages.

Limitations

Some states have imposed limits on non-compensatory damages in an effort to lower medical malpractice insurance premiums, and thus to lower heath care costs. For example, California has imposed a $250,000 limit on non-economic damages. Many other states have similar limitations.

Getting Legal Help

If you have been the victim of medical malpractice, you should consult with an experienced personal injury attorney as soon as possible. Your attorney can evaluate your case and can help you to understand all of the different potential types of damages you may be entitled to in light of your situation.

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