Medical Malpractice Compensation

Medical malpractice is negligence, inaccurate advice, and/or an act of omission that leads to the injury—or death—of a patient under the care of a medical professional. Medical malpractice compensation, then, has to do with how much a patient will receive when he has received unnecessary injury from health care professionals. The goal medical malpractice compensation is to help the plaintiff receive recompense for economic and non-economic losses. Economic losses include lost wages (i.e., earning capacity), medical and life care expenses, etc. Non-economic losses include physical and psychological harm, such as loss of vision or a body part, emotional distress due to a disability or loss of a loved one, or severe physical and/or emotional pain. Medical malpractice compensation is to be differentiated from "punitive" damages. These are to deter defendants from continuing actions that have brought undue harm to the plaintiff.

Fast Facts

  • A major study on medical malpractice compensation found that the "overhead costs of malpractice litigation are exorbitant."

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