Medical malpractice occurs when a health care professional fails to provide a patient with the standard of care expected in their field. It could be a misdiagnosis, surgical mistake or prescription error.
As a victim, you may be entitled to compensation for the harm and losses you suffered due to substandard medical care. Understanding the damages you can recover is key to holding the negligent health care provider accountable and getting justice. Here is a breakdown of the damages you can claim.
Economic and non-economic damages
Compensation for medical malpractice is supposed to make you whole — like you were before it happened. As such, you are entitled to damages for the financial and non-financial harm and losses arising from the malpractice.
The economic damages you can claim include the present and future costs of medical treatment, medical bills, the wages you lost when you couldn’t work and missed future income due to a diminished earning capacity caused by your injury.
Non-economic damages do not have a specific monetary value, but they can be equally devastating to your well-being. They include pain and suffering, reduced quality of life, emotional distress, scarring and disfigurement.
Punitive damages
If your medical malpractice case involves extreme negligence or international harm, you may be awarded punitive damages to punish the responsible party and discourage similar conduct.
It is worth noting that the damages you can claim are unique to your case and depend on the specifics of your situation. In addition, there may be legal limits or damage caps on the amount you can recover. Reaching out for legal guidance can help you make sense of everything and present a solid medical malpractice claim to increase the odds of a fair settlement.