When you are involved in a medical malpractice case, one of the most important aspects is the damages that occur as a result. The damages are important because that is what you are getting compensated for. If there is nothing that you can be financially compensated for, then you essentially have no case. Here are the types of damages involved in a medical malpractice case.
These damages refer to the costs of the patient’s suffering. It is difficult to put a definite price on general damages because it is more emotionally based. This include things like physical and mental pain, the loss of the enjoyment of life, and the loss of potential earning in the future. There are no set rules to determine how much these damages will come up to. Typically, the plaintiff provides evidence of their pain and suffering and an expert will testify to what long-term effects their injury will have on their life.
Special damages are more straightforward and have definite costs attached to them. These include things like the cost of medical bills and the money that they missed out on from missing work. There might have to be some prediction involved when it comes to future medical expenses, but typically they are pretty exact. An expert may be needed to testify for these damages sometimes, but in other cases, simply bringing a copy of the medical bills is enough.
These tend to be less common and more tricky when it comes to providing evidence. Punitive damages are received when the doctor is aware that they were behaving in a harmful manner or behaved that way on purpose. In this case, the judge or jury decides how much the plaintiff will receive.
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