What Damages Can Be Recovered For Medical Malpractice?

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What Damages Can Be Recovered For Medical Malpractice?

You can recover your actual economic losses such as the costs of reasonable and necessary medical care, rehabilitation services, custodial care, and loss of earnings. The law allows compensation for future medical and care expenses that the claimant can prove will be reasonably necessary to treat the injury caused by the malpractice. The claim may include income the claimant can prove will probably be lost in the future because of the injuries. Loss of earning capacity is also allowed when the patient proves he or she is less able to earn a living as a result of the injuries caused by the malpractice.

You are entitled to noneconomic damages for pain, suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, etc. California places a cap on noneconomic damages for medical malpractice cases, limiting recovery to $250,000. Only one $250,000 recovery is allowed in wrongful death cases. There is, however, authority for allowing separate caps for the patient and a spouse claiming loss of consortium.

In certain instances, damages may be awarded to families of injured claimants for loss of care, companionship, love and affection. Family members can be compensated for the death of a loved one caused by medical malpractice. These damages may include medical and burial expenses, loss of income that would have supported the family members, emotional suffering, and loss of the pleasures of the family relationship. Punitive damages are intended to punish a defendant and are only awarded in rare cases. A plaintiff must prove by clear and convincing evidence that the defendant was guilty of oppression, fraud or malice. There are no fixed standards as to the amount of punitive damages a jury can award.

Other California Medical Malpractice FAQs

Q: Recoverable Damages
A: In the event of injury or loss of a loved one based on the conduct of his/her medical provider(s), that person and his/her family have certain rights under California … More
Q: What Is The Time Limit For Filing A Claim?
A: A medical malpractice action for injury or death must be brought within one year from the date the claimant discovered the negligent act, but no more than three years … More
Q: What Are The Typical Attorney Fees For A Medical Malpractice Case?
A: Contingency fee agreements are agreements that an attorney has with his or her client regarding the payment of the attorney fees. It is not based on the usual hourly … More
Q: What Happens If I Am Injured In The Course Of Medical Treatment?
A: If a medical professional makes an error that results in injury to the patient, the patient may be able to sue the negligent party or parties for monetary damages to … More
Q: How Do I Know If My Injury Constitutes Medical Malpractice?
A: Medical professionals are not expected to be infallible and there may be poor results from treatment that do not amount to malpractice. Medical professionals are … More
Q: Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
A: Yes, there is and that time limit is referred to as the statute of limitations. Failure to file suit within this time frame prevents you from filing suit at all. In … More
Q: Who Can Be Held Accountable For The Medical Malpractice?
A: Generally, a medical malpractice claim can be brought against a licensed health care provider. This can include a person, corporation or institution licensed by the … More
Q: How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
A: Most attorneys who believe a case has merit will take the case without payment up front. They will take the case on a contingency basis, which means they will receive … More
Q: Does California Require That Claims Be Arbitrated Prior To Litigation?
A: California does not require claims of medical malpractice be arbitrated absent the parties` agreement to arbitrate. Many hospitals and doctors have patients sign an … More