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. When a child is injured, the child and the child`s parents have separate claims. The child`s claim may include physical and mental pain and suffering, and future medical expenses and income loss that will occur after the child turns eighteen. The parents` claim can include all medical and other necessary expenses related to the injury of the child up to age eighteen, and loss of the child`s services.
Family members can be compensated for the wrongful death of a loved one. Generally immediate family members including spouses, children and parents can pursue a claim. The measure of the damages is the full value of the life of the deceased from the decedent`s perspective. These damages may include medical and burial expenses; loss of income that would have supported the family members; loss of benefits such as pensions, insurance coverage, etc; loss of inheritance; emotional suffering; loss of care, protection, companionship and the pleasures of the family relationship.
Punitive damages are intended to punish a defendant and are only awarded when a plaintiff presents clear and convincing evidence of willful misconduct, malice, fraud, wantonness, and oppression. In Georgia, punitive damages are limited to $250,000, unless the claimant can demonstrate that the defendant had specific intent to cause harm.
For actions against the state, the claimant`s recovery is limited to $1,000,000 and the state`s total liability per occurrence may not exceed $3,000,000.
Any settlement will be reduced if there appears to be a good chance that the claim will not be successful. If you were partially at fault for your injuries, the amount of the damages will be reduced proportionately. 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
- 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?
- Does Signing A Consent Form Waive My Rights To File A Lawsuit For Medical Malpractice?
- How Much Can I Expect An Attorney To Charge To Handle A Medical Malpractice Case?
- Will We Have To Go To Arbitration?
- What Is The Collateral Source Rule?
- What About Contributory Or Comparative Negligence?
- Is Expert Testimony Required?
- What About Joint And Several Liability?
- Are There Patient Compensation Funds And Physician Insurance?
- Are Periodic Payments Required?
- Is Pre-Judgment Interest Required?
- What Is Vicarious Liability?