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Damages

There are two types of damages available in a negligence medical malpractice case, compensatory damages and punitive damages.

Compensatory damages

Compensatory damages are derived from the word "compensate," meaning "to make up for" or "to make whole". Generally, these damages can be broken up into two sub-categories- actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred, or financial losses sustained. Actual damages typically include:

    Medical and hospitalization bills incurred to treat your injuries

    Wages lost due to work missed while you recuperate

    Costs of household or nursing help during recovery, including costs of wheelchair or crutches required

    As noted, injured victims can also sue for general damages in addition to actual damages. General damages include the things that can't be precisely documented in dollars spent, including

    Pain and suffering endured due to injuries and any subsequent mental anguish

    Disfigurement resulting from injuries

    Value of medical expenses you are likely to incur in the future

    Value of wages you are likely to lose in the future

    Permanency of injury and resulting pain and suffering

    Loss of consortium (benefits of a relationship)

    Loss of opportunity

Punitive damages

In addition to compensatory damages, punitive damages may be awarded in certain cases. Punitive damages are not based on actual injuries sustained. Rather, they are a way to punish the defendant for intentional conduct or gross negligence - behavior that is so egregious that a civil court penalty is warranted in order to deter the defendant from committing the same act again in the future.

Example: Based on a true story, if a doctor delivers a womanís baby and then makes a small incision on her torso signifying that he was responsible for her children, the woman should expect significant punitive damages to be awarded against the doctor.

In more unusual cases, a patient may succeed in proving that a doctor promised a particular result from a medical treatment or procedure and failed to obtain the promised result. In these types of cases, it may be possible to recover damages from the doctor for the loss of the value of the successful treatment.

Damages are also available in cases where the plaintiff is able to prove that he or she was not provided with proper informed consent. The damages in such cases are different that in a typical negligence medical malpractice claim. As the premise for such cases is that the doctor treated the patient without their consent, the doctor may be liable for the wrongful touching of the patient, regardless of whether the treatment was successful.

If you or a loved one has been injured as a result of possible medical malpractice, call Friedman Trial Lawyers now at (800) 446-6482 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Donít delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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Disclaimer

The above is not legal advice. That can only come from a qualified attorney who is familiar with all the facts and circumstances of a particular, specific case and the relevant law. See Terms of Use.

The medical malpractice information offered by Miami, Florida medical malpractice lawyers and contained herein, regarding Miami, Florida medical malpractice statutes and Miami, Florida medical malpractice claimants' rights is general in scope. No medical malpractice Miami, Florida attorney client relationship with our Miami, Florida medical malpractice attorneys is hereby formed nor is the negligent death information herein intended as formal legal advice. Please contact a Miami, Florida personal injury medical malpractice lawyer regarding your specific inquiry.





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