Medical Malpractice Damages
There are two types of damages available in medical malpractice
cases, compensatory damages and punitive damages.
Compensatory Damages
Compensatory damages are designed to, in
a word, compensate. To the extent possible, these types of
damages are meant to make the person as "whole" as possible.
Generally, these damages can be broken up into two sub-categories,
actual damages and general damages. Actual damages seek to
reimburse a plaintiff for financial losses sustained. Actual
damages typically include:
- Medical and hospitalization bills incurred to treat your
injuries
- Wages lost due to work missed while you recuperate
- Costs of household or nursing help during recovery, including
costs of wheelchair or crutches required
Malpractice victims can also sue for general damages in addition
to actual damages. General damages include the things that can't
be precisely documented in dollars spent, including
- Pain and suffering endured due to injuries and any subsequent
mental anguish
- Disfigurement
- Value of medical expenses you are likely to incur in the
future
- Value of wages you are likely to lose in the future
- Loss of consortium (benefits of a relationship)
- Loss of normal life
Damages are also available in cases where the plaintiff is able
to prove that he or she was not provided with proper informed
consent.
Punitive Damages
Punitive damages may be awarded in certain cases. Punitive damages
are not based on actual injuries sustained. Rather, they are
a way to punish the defendant for intentional or grossly negligent
conduct. It is fairly uncommon to see punitive damages in a medical
malpractice case. However, it is not unprecedented.
What You Need To Know:
Insurance companies' obligations are to their stockholders and
policy holders, not to the people injured by their insured's
negligence. Insurance companies' desire to maximize their own
profits provides them with every motivation to try to deny your
claim or pay you the very minimum amount that they can get away
with. The insurance companies also have enormous advantages:
they have immense wealth, armies of experienced adjusters and
lawyers and years of experience reducing and denying claims.
At the Law Office of Stephen A. Burroughs,
our only obligation is to you, our client. We will use our experience
and every resource available to protect your interests, and we
will work hard to help you receive the full value for your case.
We will advise you every step of the way to help you avoid any
mistakes that could cost you money. There is no charge for attorney's
fees until you recover money for your personal injuries, and
we will also help you resolve your property damage claims for
no fee whatsoever. For assistance, call today at 1-877-300-3773, contact
us or submit
an free online case evaluation.
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