What Damages Can Be Recovered For Medical Malpractice?

You can recover your actual past losses such as medical expenses, property damage, and lost wages. 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, loss of consortium, etc. These damages usually account for the majority of damages a plaintiff receives. Arizona does not place any limit on the amount of damages one may recover in a medical malpractice action. Punitive damages are intended to punish a defendant for reckless or malicious behavior and are only awarded in rare cases. 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.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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