Damages You Can Recover In A Medical Malpractice Case
Posted on June 27, 2022 in Medical Malpractice Claims
If you or a loved one have been involved in a medical malpractice case, do you know the types of damages you are entitled to recover? Beyond economic damages, which cover medical bills, there are other types of compensation you may be eligible for. Read on to find out more about the types of damages in a medical malpractice case!
Economic Damages
This is the most direct kind of compensation you can receive and will go towards covering the cost of medical treatment, care, rehabilitation, therapy, and other related expenses. If you have had to take time off work as a result, you will also be compensated for the loss of wages. Compensation for future medical expenses may also be awarded under economic damages.
Non-Economic Damages
Non-economic damages refer to losses that are harder to quantify on paper. This includes pain and suffering, loss of enjoyment of life as well as loss of earning capacity. Because these kinds of damages are not easily quantified by a bill from a healthcare provider, you will require more than one type of documentation to prove it. Having witness testimony who can speak for your case will prove to be a great help here.
Punitive Damages
If your medical malpractice case was caused by negligence, you will not be awarded punitive damages. With punitive damages, the focus is not on compensating the victim, but punishing the defendant. This is only possible if the defendant’s intent or recklessness can be proven. When awarded, this amount can be substantial and serves to send a warning message to other medical and healthcare professionals.
Survival Damages
Has your loved one suffered a wrongful death due to medical malpractice? If so, you may be entitled to survival damages. Most directly, this is to cover the cost of the funeral and the loss of future earnings, especially if your loved one was contributing significantly to family finances. In some states, you can be awarded for loss of companionship, though this is not common.
Another kind of survival damage would be to compensate the heirs what was due to the victim if they had survived. You may be able to receive compensation for the medical bills your loved one was issued before their death, or the personal injury claims they would have made had they survived.
Pazer, Epstein, Jaffe & Fein, P.C’s Medical Malpractice Attorneys are Always On Your Side
Facing a case of medical malpractice and unsure how to go about pursuing legal action? Pazer, Epstein, Jaffe & Fein, P.C. has your best interests at heart and will helps you make informed decisions. Contact us today for a free case evaluation.