Understanding Recoverable Damages in Medical Malpractice Lawsuits

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, resulting in injury or harm to a patient. If you or a loved one has been a victim of medical negligence, you may be entitled to recover various types of damages through a medical malpractice lawsuit.

This article will discuss the different categories of damages that may be recoverable in a medical malpractice claim.

Compensatory Damages

Compensatory damages are intended to compensate the patient for out-of-pocket losses resulting from an injury, as well as for less readily quantifiable losses, including pain and suffering and future economic losses. Compensatory damages fall into two categories: economic and non-economic damages.

Economic Damages

Economic damages, also known as special damages, cover the more quantifiable, financial impacts of the medical malpractice, including:

Medical and hospital expenses incurred to treat the injuries
Wages lost during recovery
Costs of equipment or household or nursing help needed for recuperation
Projected future medical expenses and lost wages

Non-Economic Damages

Non-economic damages, also known as general damages, compensate for less readily quantifiable losses, including:

Pain and suffering
Mental anguish
Disfigurement resulting from injuries
Permanency of injury
Loss of consortium (benefits of a relationship)
Loss of opportunity for enjoyment of life

Punitive Damages

Punitive damages are intended to punish the wrongdoer for intentional, reckless, or wanton conduct. Punitive damages are generally awarded only where the conduct is so egregious that a punitive award is deemed necessary to deter the wrongdoer from future similar conduct.

Other Kinds of Damages

Other kinds of damages may be available in a malpractice case resting on the requirement of informed consent. Where the claim is that a patient was treated without his or her consent, a doctor may be liable for wrongful touching of the patient. Where the claim is the rare one that a doctor promised, but failed to obtain, a particular result from a treatment or procedure, damages may include the value of the successful treatment.

Damages Caps

Many states have laws determining what damages can be recovered if medical malpractice results in the patient's death. The two most common avenues for financial recovery here are survival actions and wrongful death claims.

Survival statutes allow the deceased patient's heirs or estate to recover damages that occurred during the time period from the malpractice to the patient's death, while wrongful death laws can be used to ensure compensation for the patient's family members and others.

In some states, there are caps on the total amount a medical malpractice plaintiff can receive, across all categories of damages. Most states cap only general damages, which means compensation for things like pain and suffering, loss of enjoyment of life, and other non-economic harm resulting from the health care provider's wrongdoing.

The Importance of Hiring a Medical Malpractice Attorney

Medical malpractice cases are complex and challenging, requiring the expertise of a skilled attorney to navigate the legal process and achieve the best possible outcome for the injured patient.

Here are some reasons why hiring a medical malpractice attorney is crucial for your case:

Navigating the Legal Process:
Gathering Evidence: Your attorney collects crucial evidence like medical records, witness statements, and expert opinions to strengthen your case and prove healthcare provider negligence.
Maximizing Compensation: Your attorney evaluates your damages comprehensively, including medical costs, lost income, and pain and suffering, to pursue the maximum compensation you deserve.
Adhering to Statutes of Limitations: Your attorney ensures your lawsuit is filed within the required time frame, avoiding dismissal due to missed deadlines in medical malpractice cases.
Experience: Medical malpractice attorneys bring expertise, experience, and resources to confront doctors, hospitals, and insurers, advocating for your rights and fair treatment.

At Chianese & Reilly Law, we are dedicated to helping patients harmed by medical negligence obtain the full and fair recovery they deserve. With decades of combined experience, we have a proven track record of success in medical malpractice cases across New York.

Note: This blog post is for informational purposes only and should not be taken as legal advice. Always consult with our experienced attorney for guidance specific to your situation.