What Damages Can Be Recovered For Medical Malpractice?
You are also entitled to noneconomic damages for physical pain and suffering, mental and emotional suffering, physical impairment, inconvenience, disfigurement, loss of enjoyment of life, loss of consortium (disruption of your personal relationship with your spouse), 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. 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 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.
In Massachusetts, there is a limitation of damages for pain and suffering that a plaintiff may receive in a medical malpractice case. The jury may not award more than $500,000 noneconomic damages unless the jury determines that there is a substantial or permanent loss or impairment of a bodily function or substantial disfigurement or other special circumstances in the case which warrant a finding that imposition of such a limitation would deprive the plaintiff of just compensation for the injuries sustained. Liability of a public entity is limited to $100,000 and no public entity may be liable for punitive damages.
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?
- How Can I Determine How Much My Claim Is Worth?