What Kind of Compensation Can I Expect from a Medical Malpractice Lawsuit?
Money cannot erase the physical and psychological trauma that a healthcare provider’s negligence may have caused you and your loved ones. That said, financial compensation is the only remedy that the civil court system can provide, and it can also be important to minimize the negative impacts that your injury or illness has on your life.
Each medical malpractice lawsuit is different; so, the financial value of your claim may differ from the value that a claim filed for a different malpractice claim. If you have questions about what kind of compensation you can expect from your specific medical malpractice lawsuit, you should make speaking with an experienced lawyer one of your top priorities.
What Economic Damages Could Be Included in a Claim?
The most straightforward form of economic loss that medical malpractice typically results in is medical expenses for care made necessary by the doctor being sued for misconduct. In addition to short-term costs like emergency surgery and inpatient care, it is also possible and important to account for long-term expenses like:
- Rehabilitative therapy
- Prescription medications
- Assistive equipment such as wheelchairs
Suppose a doctor’s misconduct leaves someone unable to work for any length of time. In that case, that injured person can also factor lost work income and potentially lost long-term working capacity into a civil claim. Likewise, if malpractice leads to a permanent and debilitating injury, disability-related costs for things like home/vehicle modifications can also be incorporated in an ensuing lawsuit.
Are Non-Economic Damages Recoverable Through a Malpractice Lawsuit?
Like other types of personal injury litigation, medical malpractice lawsuits can seek compensation for non-economic forms of harm in addition to economic losses. These can include:
- Emotional anguish
- Psychological trauma
- Physical pain and suffering
- Lost overall quality and enjoyment of life
However, many states impose “caps,” or artificial limits, on how much money a single malpractice plaintiff can recover for non-economic losses through a single claim. A knowledgeable malpractice attorney could discuss whether such caps may impact a particular case during a confidential consultation.
When Might a Court Impose Punitive Damages Against a Doctor?
Generally speaking, it is rare for civil courts to impose punitive damages against a defendant in addition to the compensatory damages mentioned above. That said, it is technically possible for a court to do so in a malpractice claim if the plaintiff can show that the defendant(s) they are suing engaged in:
- Extremely egregious negligence
- Deliberately malicious conduct
- Intentional fraud or misrepresentation
Notably, the rules for these damages can vary significantly from state to state.
Talk to a Medical Malpractice Attorney About What Compensation to Expect from a Lawsuit
Getting paid fairly for the harm you sustain due to a medical professional’s negligence is far from simple, regardless of what type of injury you have or who specifically is to blame for it. From establishing your losses to assigning them a fair value, guidance from knowledgeable legal counsel could be the key to a positive case outcome. Call today to learn how a trusted medical malpractice lawyer at Price Benowitz could assist you.
