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. They are assessed in light of the nature, extent, and length of time the injury lasts.
Sometimes a person is so severely injured that he or she cannot care and support loved ones the way he or she did before the injury. In appropriate circumstances, the law permits damages to be recovered by family members of negligently injured people for the loss of the love, care, affection, companionship, and other pleasures of the family relationship that are lost because of the injury.
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, and contributions the deceased would have made in the way of comfort, assistance, advice, protection, companionship, etc.
Punitive damages are intended to punish a defendant for reckless or malicious conduct and deter others from similar conduct. They are only awarded in rare cases. Punitive damages are limited to two times the amount of economic damages, plus an amount equal to noneconomic damages (not to exceed $750,000) or $200,000, whichever is greater.
For claims against the State of Texas, liability is limited to $250,000 per claimant and $500,000 per occurrence. For local governments, the limits are $100,000 per claimant and $300,000 per occurrence. For municipalities, the limits are $250,000 per claimant and $500,000 per occurrence. The state and political subdivisions are immune from liability for punitive damages in actions for negligence.
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?