A medical malpractice jury award is determined based on the damages you suffered as a result of the medical malpractice injury. In some states, tort reform laws also play a role in determining the medical malpractice award that you are able to get in court.
How is an Award Determined?
In a medical malpractice claim, you have to prove several elements. You must prove:
- That the doctor was negligent, or that he provided care below the standard of care that a reasonable physician would have provided
- That you suffered an injury as a direct result of the doctor's lack of adequate care.
If you can prove this, then you are entitled to several different types of damages. Damages included in a medical malpractice award typically include damages for:
- Medical bills: any additional medical costs you incurred to correct the results of the improper treatment or to get help to recover
- Lost wages: if you missed work as a result of the doctor's negligence, then you can recover the money for the wages you lost as a result
- Pain and suffering: you likely suffered as a result of the doctor's negligent treatment, and you should be permitted to recover for that
- Punitive damages: the ability to get punitive damages varies on a case-by-case basis and the laws for punitive damages differ from state to state
If the medical malpractice leads to death, other damages may also be appropriate. For example, family members can bring a wrongful death lawsuit on behalf of the deceased victim, or can bring independent actions for loss of consortium or loss of companionship as a result of losing their family member or spouse.
Medical Malpractice Award Caps
In some states, in an effort to lower health care costs, legislatures have imposed limits on recovery for medical malpractice awards. These efforts, referred to as tort reform efforts, are based on the belief that high medical malpractice verdicts lead to high malpractice insurance premiums that are passed on to consumers in the form of higher health care costs. As a result, damages are limited in medical malpractice cases within these states. For example, California imposes a $250,000 cap on non-economic damages (i.e. on damages not resulting from medical bills, lost wages or actual costs).
Getting Help
If you have suffered from medical negligence, then a medical malpractice award may be appropriate. You should consult with an experienced medical malpractice attorney to help you prove your case and to help maximize your medical malpractice award and ensure you get the recovery you deserve.
