Can You Recover for Damages in Case of Medical Malpractice?

When a doctor or hospital staff fails to adhere to his duty of care, the patient is more likely to suffer. If a mistake is seen to occur due to a nurse, doctor, or surgeon’s negligence, the outcome can be life-threatening. Patients who have suffered losses due to medical malpractice can file a complaint against the health professional responsible for the injury. Although a monetary recovery will never improve your mental health, it can help you recover the financial losses incurred due to a medical practitioner’s recklessness.

Do you qualify for damages in the medical malpractice case?

  • Before you can recover the damages, you should be able to prove the following conditions:
  • The existence of a doctor-and-patient bond between you and the medical practitioner at the time of malpractice.
  • You have suffered damages and injuries due to negligence.
  • The negligence of a doctor is the proximate reason for your damages or injuries.

What are the types of recoverable damages in a medical malpractice case?

From the perspective of damage recovery, the damages can be categorized into two types- economic damages and non-economic damages.

Economic damages

Financial or economic damages can include the costs accrued due to the injuries arising due to medical malpractice. The two types of recoverable damages in this segment include medical expenses and loss of income.

  • Medical Expenses: Medical expenses are the costs related to illness or injury along with your recovery. In a medical malpractice claim, medical expenses can include expenses for physical therapy, in-home medical care, medical equipment, and medical supplies, and so on.
  • Loss of wages/income: These expenses are associated with the wages or salary you have lost due to medical malpractice. Salaries, bonuses, wages, and other similar allowances are included within this category.
  • Out-of-pocket costs:

These expenses can help you to recover your travel expenses and dearness allowance.

Non-economic losses

Non-economic damages commonly known as “suffering and pain” are destined to finance a medical malpractice victim. In this context, the victim is paid out for physical, mental, and emotional suffering due to a medical practitioner’s recklessness. Within this context, you can claim for several types of damages that were caused due to malpractice. Some of the examples of suffering & pain damages in the case of medical malpractice include:

  • Emotional stress
  • Mental and physical anguish
  • Disfigurement and scarring
  • Loss of enjoyment in life or the inability to carry with routine tasks
  • Loss of companionship or consortium
  • Permanent or temporary disability
  • Damages of punitive nature

Due to the absence of a unique formula to estimate the non-economic damages, the juries can have difficulty determining the amount to be awarded for the damage. However, the Miami Medical Malpractice Attorneys can gather ample evidence to support your case. Besides, they can argue on your behalf to help you claim the maximum amount you are legally entitled to. In addition to the money you can receive for your past and present damages, you can also claim future damages.

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Ashley Macdonald
Ashley has recently joined the FeedsPortal content writing team and brings with her a wealth of journalistic experience, which we believe our readers will find extremely useful.

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