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.
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 general, limits are not imposed on the amount of compensation recoverable in a medical malpractice case. However, for claims brought under the Nebraska HospitalMedical Liability Act, the total amount recoverable is $1,250,000. This act governs claims against providers who qualify to participate in the state`s excess liability fund. To qualify, a provider establishes financial responsibility by purchasing professional liability insurance in a specified amount. The liability of a qualified provider is limited to $200,000 per patient and the excess liability fund pays the damages in excess of $200,000 for each defendant up to the amount of the cap.
Liability of political subdivisions is limited to $1,000,000 per claimant per occurrence and $5,000,000 for all claims arising out of a single occurrence.
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?