In lawsuits against doctors, an injured party has many different types of compensation to which he may be entitled. Depending on the type of malpractice and how it affected the plaintiff, multiple damage awards may be available. At the same time, however, some damage awards are limited or denied to plaintiffs by prior case law and statutes.
Punitive Damages
Many states prevent a plaintiff from recovering punitive damages for malpractice, but others allow punitive damages up to a certain amount. Punitive damages are awards of money given to a plaintiff purely as a means to punish the wrongdoing physician. To obtain punitive damages, a plaintiff must show that the defendant acted maliciously and with intent to harm him when committing the malpractice. This is very difficult to prove and rarely done. Additionally, courts and legislatures do not look kindly upon punishing defendants beyond what is necessary. If, however, a state permits a plaintiff to recover punitive damages, there is usually a cap on the amount that can be awarded.
Pain and Suffering
Damages for the patient’s pain and suffering are usually available to a victim of medical malpractice. The amount of this award is based solely on prior case law or local norms, however, and not due to a random number given by the plaintiff. Courts and juries look to how much pain the plaintiff suffered and expects to suffer in the long term when choosing the money that will be awarded for pain and suffering.
Past and Previous Medical Expenses
Of course, a plaintiff alleging medical malpractice can recover for the medical expenses he previously incurred and those he expects to incur in the future to correct his illness or injury, if any. Medical bills, pharmacy costs, test expenses and anything else related to the defendant’s treatment and any subsequent treatment the patient needed to undergo as a result of the malpractice are compensable.
Permanent Damage, Loss of Capacity
If the malpractice caused the plaintiff to be permanently damaged or unable to perform a normal bodily function he was able to perform prior to the malpractice, most courts will award a plaintiff for their injuries. This includes mental disorders, such as depression, that occur after serious injuries are identified as being permanent.
Economic Damages
Most states also permit a plaintiff to recover economic damages in a medical malpractice lawsuit. This type of damage awards includes lost wages, attorney’s fees, lost earning capacity and other, verifiable damages that have befallen the injured party. The calculation of this amount is typically based on receipts provided by the plaintiff.
Getting Legal Advice
If you have been injured by physician malpractice and are curious about what you can obtain as compensation for your injuries, seek legal advice. A lawyer will review your local and state laws that govern what and how much compensation you are entitled to for your injury.
