When a patient files a medical malpractice suit, they are usually seeking monetary compensation for losses or injuries caused by a medical practitioner. If a patient has suffered egregious bodily harm, then they can sue for extremely high damages. The money is supposed to cover things such as hospital bills, lost earnings, or mental distress.
However, before a patient is awarded damages, they have to prove to the court that medical malpractice actually occurred. They must prove that the injuries they suffered didn’t exist prior to the medical incident and that the only way to remedy the malpractice is through financial compensation.
Back injuries can be one of the harder injuries to prove. So when seeking medical back injury compensation it’s extremely important you contact a trained professional that is knowledgeable and reputable in fighting medical lawsuits for their clients.
With that said, here are the three types of malpractice damages that a patient can sue for:
General Damages
These are damages that are supposed to compensate the patient for the costs they suffered. Although the patient did suffer, it is difficult to quantify the costs that are part of general damages. The most common examples of general damages include:
- Loss of the ability to enjoy life due to a medical defect.
- Mental distress and physical suffering
- Disfigurement
- Loss of consortium
- Loss of earnings and earning capacity
When dealing with general damages, every case stands on its own merit. In other words, there are no straightforward rules about how much the patient should receive. The amount awarded will depend on the evidence presented by the patient and expert witnesses. Also, a patient cannot be awarded general damages for an injury that pre-existed the current malpractice. This may get complicated, which is why it’s advisable to work with reputable malpractice lawyers like Alpert Schreyer attorneys who have enough experience with such cases.
Special Damages
These are damages that are supposed to cater to the patient’s medical expenses. Special damages are much easier to quantify than general damages, even though assumptions are often made to determine the exact amount. This is especially true when the court needs to determine the patient’s future medical bills. Though an expert may still be called to help determine the future cost of medical expenses, some states only require a certified copy of the patient’s medical bill.
Punitive Damages
There are certain cases where a patient may sue for punitive damages. Though the rules on punitive damages are different depending on which state you are in, there is one general rule that encapsulates this kind of damages. You have to prove that the doctor willfully and maliciously behaved in a dangerous manner. In other words, the doctor either knew or should have been aware of the fact that their actions would cause an injury.
A good example is where a doctor leaves behind a piece of sponge in a patient during surgery so that they will come back for a second surgery to remove the object. In such cases, it is up to the jury to determine the amount awarded. However, there are certain legal checks and balances when it comes to the handling of punitive damages.
Calculating medical malpractice damages can be a complicated affair. If you intend to file such a claim, then it is recommended that you consult a personal injury lawyer to help you with the court process.
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