In medical malpractice cases, damages refer to the compensation the court awards to the patient who suffered harm. These damages may cover various losses incurred by the patient, including medical expenses, lost income and pain and suffering.
Before filing a case, it can be helpful to understand the damage options. This will enable individuals to know what to ask for within their petition.
Medical expenses
Medical expenses include the cost of medical treatment, surgeries, medications, rehabilitation and any other healthcare services needed as a result of the malpractice. Patients can get compensation for past and future medical expenses related to their injuries.
Lost income
Patients who are unable to work due to their injuries may be able to get compensation for lost wages. This includes income lost during the recovery period, as well as any future loss of earning capacity due to long-term or permanent injuries.
Pain and suffering
Pain and suffering damages compensate patients for the physical and emotional pain that results from the malpractice. This can include physical pain, mental anguish, loss of enjoyment of life and other non-economic damages. Pain and suffering damages are subjective and can vary greatly from case to case.
Other losses
Patients may also seek compensation for other losses, such as the loss of consortium, which is the loss of companionship and support from a spouse. They may also be able to get punitive damages. These punish the healthcare provider for egregious conduct. Note that punitive damages are rare in medical malpractice cases.
Damages in medical malpractice cases compensate patients for the harm done by the medical provider’s neglect. When filing a claim, it is a good idea to consider all possible damages to request the best compensation.
