Understanding Recoverable Damages in Medical Malpractice Lawsuits

If a nurse, doctor, or other medical professional fails to meet the accepted standard of care, resulting in injury or harm, this is termed medical malpractice. In such a situation, you can file a lawsuit, and if the court finds the defendant guilty of medical negligence, then you are entitled to recoverable damages. There are different types of recoverable damages that can hail from a medical malpractice lawsuit, depending on the case and severity of harm or injury, such as long-term injuries, emotional pain and suffering, or even death. So, if you or you know someone who has been a victim of medical malpractice, here are the damages available to you as the plaintiff. 

 

 

Economic Damages

 

Economic damages are also known as specific damages because they are measurable malpractice-related damages. It is a compensation plaintiffs typically receive for out-of-pocket expenses they incur as a result of the harm or injury from the malpractice. This damage can easily be calculated with the help of receipts, invoices, bills, and so on. However, in some cases, economic damages may require expert opinions like an Edwardsville medical malpractice lawyer to support the request for damage. Common examples of economic damage include:

 

• Hospital bill

• Prescription medication cost

• Lost wages

• Cost of rehabilitation and recovery

• Future medical expenses 

 

Non-economic Damages

 

Non-economic damages are also known as general damages because they are less easy to quantify. This type of damage covers the pain and suffering the victim endured, as well as the reduction in their quality of life. Generally, a jury determines non-economic damages.  Non-economic damages are often supported by more than documentation; witness testimony from the victims, their family and friends, and potential experts often help the jury understand the impact of the malpractice on their lives. After hearing the case, the jury then comes up with a fair compensation amount for these damages.

 

Punitive Damages

 

A medical malpractice lawsuit may involve punitive damages when the defendant is found guilty of gross negligence in medical care. The punitive damages are awarded when the court deems the compensatory damages to be insufficient. Punitive damages go beyond compensating the aggrieved party. They are specifically designed to punish the defendant. Punitive damages are also referred to as exemplary damages, as they are intended to set an example for the defendant and deter others from committing similar acts. Also, the court might follow the collateral source rule (CSR) when ruling on punitive damages, which prohibits the reduction of an award due to payment already received from third parties.

 

Wrongful Death and Survival Damages

 

Additionally, if medical malpractice resulted in the patient's death, two different types of damages could arise depending on the nature of the claim. Firstly, wrongful death damages are paid to compensate the victim's family members and to cover funeral expenses. They also cover future financial losses based on the victim's contribution to their family. The other type of damage claim that can be made is the survival action, where the damages are paid to compensate the victim's estate for the cost related to the malpractice before their death. It covers the types of damages the victim would have sought in a personal injury claim if they had survived.