Medical Malpractice Damages

Every year, thousands of medical malpractice lawsuits are filed due to medical negligence. Medical malpractice can result in serious personal injury and/or wrongful death, and a medical malpractice lawyer can help those seeking compensation for their losses. According to the National Academy of Sciences, approximately 98,000 Americans die from "medical mistakes" each year.

Types of Damages

In a medical malpractice case, the plaintiff can file for actual damages and, in certain cases, punitive damages.

  • Actual damages: refers to compensation awarded to cover the cost of additional treatment, loss of wages, loss of future earnings, and pain and suffering resulting from medical negligence.
  • Punitive damages: refers to compensation awarded when medical malpractice is the result of reckless or willful behavior on the part of the physician.

Limits on Recoveries for Medical Malpractice Lawsuits

Some states have imposed laws that cap or limit the amount of compensation an individuals can recover in medical malpractice lawsuits. However, many of these laws are being challenged in several state Supreme Courts, including Illinois and Ohio. Therefore, it is important to remember that although there may be a cap in your state, it may not hold up in court. A medical malpractice lawyer can determine if you have a valid lawsuit and are entitled compensation due to medical negligence.

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