What Damages Can Be Recovered For Medical Malpractice?
You are also entitled to noneconomic damages for physical pain and suffering, mental and emotional suffering, inconvenience, physical impairment, disfigurement, loss of enjoyment of life, etc. There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence.
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 wrongful death of a loved one. 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 may only be awarded if it is found the injury was maliciously intended or the result of willful or wanton misconduct by the health care provider.
Generally, there is no cap limiting the amount of damages you can recover in a medical malpractice case. An exception is, when a public entity is not immune, damages are capped at $300,000, unless the entity purchased liability insurance coverage in a greater amount. If you were partially at fault for the accident, the amount of damages will be reduced proportionately. Benefits received from collateral sources will be used to reduce your recoverable economic damages. Any settlement will be reduced if there appears to be a good chance that the claim will not be successful. Other factors that may reduce the damages include past medical history, preexisting injuries, and prior claims history.
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
- 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?
- What Happens If I Am Injured In The Course Of Medical Treatment?
- Anesthesia Negligence
- Asthma/Respiratory Illnesses
- Birth Defects Or Injuries
- Nuclear Medicine (Cat Scans And Mri's)
- Nursing Home Injuries And Negligence
- Obtaining Informed Consent
- Pharmacist Malpractice
- Psychiatric Or Psychological Malpractice
- Is Arbitration Mandatory?
- What Are Typical Attorneys' Fees?
- What Is Contributory Or Comparative Negligence?
- Are There Damage Caps In Delaware?
- Does Delaware Mandate The Collateral Source Rule?