What Damages Can Be Recovered For Medical 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.
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.
Additional Medical Malpractice Articles
- Recoverable Damages
- What Is The Time Limit For Filing A Claim?
- What Are The Typical Attorney Fees For A Medical Malpractice Case?
- What Happens If I Am Injured In The Course Of Medical Treatment?
- How Do I Know If My Injury Constitutes Medical Malpractice?
- Is There A Time Limit In Which I Need To File A Lawsuit For Medical Malpractice?
- Who Can Be Held Accountable For The Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- Does California Require That Claims Be Arbitrated Prior To Litigation?