Damages You Could Seek in a Medical Malpractice Case

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Sometimes medical malpractice is very blatant and other times it’s true misfortune. In either case, you shouldn’t be left holding the bill if a medical professional’s negligence caused you deeper injury or a more serious illness than you started with. The good news is you can generally receive compensation if you’re suffering after the mistake of your doctor, nurse, pharmacist or other professional. If you are the loved one of someone who suffered medical malpractice and died as a result, you should receive compensation as well to help you pay for the costs that were incurred. What damages can you seek?

Special

In speaking about quantifiable expenses that were caused by the mistake of your medical professional, they are called special damages. You can seek these as compensation for medical bills and lost wages. Sometimes your lawyer will have to figure out future medical expenses depending on your condition, but you should never forget to include those in the damages you seek. In some cases, the court will require an expert witness to verify costs, and in other cases, the bill speaks for itself.

When determining the amount of lost wages to seek, keep in mind everything you’ll lose out on. You probably already lost a handful of paychecks during the time following your injury or illness, but if you have follow up appointments and future medications to pay for, add those to the totals.

General

It’s hard to determine a definite amount to seek for general damages, as these are things that don’t typically come at a price. For example, loss of consortium, loss of the ability to work, loss of joy, and pain and suffering are all some general damages you can seek. Again, you may need an expert witness who can testify about the consequences that come with your type of injury or illness, but in any case, you will have to give evidence of your losses.

Punitive

Especially in cases where the medical professional’s malpractice was blatant, you may be able to recover punitive damages. A judge or jury will determine the amount, and it is meant to further punish the defendant for acting recklessly and causing your injuries either willingly or knowingly.

Survival

If your loved one died due to medical malpractice, you may be able to seek some of these same damages for the time the individual was still alive after the initial incident. Survival damages may also include funeral expenses, though if there is to be a wrongful death lawsuit, that would typically cover those expenses.

Contacting a Lawyer

If you or a loved one was the victim of medical malpractice, you deserve compensation. Contact a medical malpractice lawyer in Salt Lake City, UT today to get started with the process.

Thanks to Rasmussen & Miner for their insight into personal injury claims and damages you can seek for medical malpractice.