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Medical malpractice can cause serious harm to patients, often leading to lasting physical, emotional, and financial effects. When a healthcare provider’s negligence leads to injury, the law allows the patient to seek compensation, called “damages.”
These damages aim to cover the costs and suffering resulting from the malpractice. Understanding the types of damages available in a medical malpractice claim can help you know what to expect.
Damages in medical malpractice cases can be divided into three main categories: economic, non-economic, and punitive. Economic damages cover out-of-pocket costs like medical bills and lost wages, while non-economic damages address the pain and suffering caused by the injury. Punitive damages may apply in severe cases to punish the healthcare provider for extreme misconduct.
If you’ve been harmed by medical negligence, Conboy Law can help you seek the compensation you deserve.
Damages in medical malpractice claims refer to the money awarded to the patient to cover losses caused by a healthcare provider’s negligence. These damages compensate for financial losses like medical bills and non-financial losses like pain and suffering.
The goal of damages is to help the patient recover both financially and emotionally after experiencing harm. Proving damages is crucial to obtaining fair compensation in a medical malpractice case. The amount awarded reflects the seriousness of the injury and its repercussions on the patient’s life.
Without damages, a medical malpractice claim lacks the foundation for financial recovery. At Conboy Law, our medical malpractice attorneys focus on helping clients prove the full extent of their damages.
If you’ve been affected by medical negligence, contact our Chicago medical malpractice attorney to discuss your medical malpractice lawsuit.
Medical malpractice lawsuits can lead to several types of damages. They include:
Reach out to us to learn more about how we can help you maximize your medical malpractice damages.
Damages in a medical malpractice claim directly reflect how much the injury has affected the patient’s life. Serious injuries that require ongoing medical treatment and rehabilitation often result in higher damages.
For example, a patient who cannot return to work may receive compensation for both current and future financial losses.
The value of damages also considers non-financial consequences, like the patient’s reduced quality of life. If the injury has caused lasting pain, emotional trauma, or loss of enjoyment, the damages may include compensation for these effects.
Every case is unique, and damages are calculated based on the specific details of each patient’s experience.
Economic damages aim to cover the financial costs associated with medical negligence. These damages focus on expenses that have a clear monetary value, like medical bills and lost wages. Below, we outline the different economic damages commonly awarded in medical malpractice cases.
Medical expenses are a major part of damages in medical malpractice cases. This includes all costs for hospital stays, surgeries, doctor visits, and medications related to the injury.
Patients may also need future medical expenses if the injury requires long-term care. These expenses can add up quickly, making seeking compensation for all medical-related costs essential.
Patients who are unable to work because of their injury may claim lost wages. If the injury affects the patient’s ability to work in the future, damages may also cover loss of earning capacity. This ensures that the patient does not suffer financially due to reduced work opportunities. Conboy Law can help calculate these losses to seek fair compensation.
Some injuries require ongoing rehabilitation, such as physical therapy or mental health counseling. These services are often necessary for the patient to regain mobility, manage pain, or cope with trauma.
If the injury has lasting effects, damages may also include costs for long-term care. These types of treatments are considered part of the patient’s economic losses.
Non-economic damages address the personal and emotional impacts of medical malpractice. Unlike economic damages, non-economic damages do not have a specific dollar amount and can be more challenging to quantify. They cover areas like pain, emotional distress, and loss of quality of life.
Pain and suffering refer to the physical discomfort and pain caused by the injury. This includes the initial pain and any future pain resulting from the malpractice.
Compensation for pain and suffering strives to compensate the patient for the physical hardships. The degree of the injury often influences the amount awarded.
Loss of quality of life refers to the effect on the patient’s ability to enjoy normal activities. Injuries that limit mobility, independence, or enjoyment of life can lead to this type of damage.
For example, a patient who can no longer engage in hobbies or family activities may seek compensation for these losses. Quality of life damages recognize how the injury affects daily life. This can even include birth injuries.
Medical malpractice can lead to major emotional trauma, including anxiety, depression, and PTSD. Emotional distress damages aim to compensate for the mental suffering the patient experiences.
Mental health impacts can be just as damaging as physical ones, affecting the patient’s overall well-being. Seeking compensation for emotional distress can help patients afford necessary mental health support.
Punitive damages could be granted in medical malpractice cases involving extreme misconduct or intentional harm. These damages are not meant to compensate the patient but to punish the healthcare provider.
Punitive damages are unusual and only awarded when the provider’s actions are particularly reckless.
Punitive damages are meant to punish healthcare providers for severe negligence or intentional harm. They serve as a warning to prevent similar behavior in the future. These damages are given in addition to compensatory damages and can be substantial. The purpose of punitive damages is to hold providers accountable for dangerous actions.
If you or someone you know has suffered due to medical negligence, Conboy Law is here to help. Our experienced medical malpractice lawyer can guide you through the legal process and explain what damages you may be entitled to. We strive to hold healthcare providers accountable and seek fair compensation for our clients.
Contact us today for a free consultation to discuss your medical malpractice claim and how we can assist you.
If you or a loved one has been injured, don’t hesitate to contact our injury attorneys today!
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