If a defendant is negligent then the plaintiff is entitled to recover damages by way of a medical malpractice settlement that is intended to place the plaintiff in the position that they were in immediately prior to the defendant's negligent act. Some states have passed legislation that limits the maximum amount that an individual can recover in a clinical negligence lawsuit. Many of these laws are being challenged in state Supreme Courts and although there may be a cap it may not hold up in court.
The two categories of medical malpractice settlement awarded in US courts are actual damages and punitive damages :
- Punitive Damages
In circumstances where the evidence establishes that negligence is the result of reckless behavior or behavior with a conscious disregard to the results of the wrongful acts then an award of punitive damages against the negligent physician may be appropriate.
- Actual damages
If liability is established then compensation is payable for all actual losses that have been suffered by the injured party.
Damages awarded in a medical malpractice settlement are divided into two categories as follows :
- Special Damages can be accurately calculated and include past and future loss of earnings, medical expenses for the past and the future and other losses and expenses that have been reasonably incurred.
- General damages are difficult to calculate accurately and include physical and emotional pain and suffering, loss of the enjoyment of life and psychological injuries such as depression or post traumatic stress disorder.
The law requires that a person who causes harm to another "takes his victim as he finds him." This means that if the person who was injured was unusually susceptible to injury it does not relieve a doctor from liability to pay a medical malpractice settlement for any injury that he has caused. The right to recover a settlement is not limited by the fact that injury resulted from aggravation of a pre-existing condition.
Damages payable to family members in Wrongful Death Lawsuits may include compensation for the loss of ability to earn money to support the family. The claimable losses associated with the death of a family member may also include emotional suffering, injured feelings, grief, loss of companionship, loss of comfort, experience, knowledge and judgment in managing family affairs.
Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country and our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free telephone advice from an expert just complete the contact form.
