The Types of Damages You May Eligible For With A Medical Malpractice Case In Maryland, DC & Virginia
There are two types of damages available in medical malpractice cases, compensatory damages and punitive damages.
Damages are extremely important with any medical malpractice personal injury claim. If you have been wrongfully injured by the negligence of a negligent person or company you may seek financial compensation for these damages. Let’s take a look at the different types of damages and how they may affect you.
Compensatory Damages - MD
Compensatory damages are designed to make the damaged person as whole as possible. Generally these damages can be divided into two sub-categories, actual damages and general damages. Actual damages seek to reimburse a plaintiff for financial losses sustained. General damages seek to compensation a victim for losses that are not monetary in nature.
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
Malpractice victims can also be awarded general damages in addition to actual damages. General damages include money that can’t be precisely documented as actual dollars spent.
General Damages:
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Pain & Suffering
Pain and suffering due to injuries and any subsequent mental anguish Let’s say after the accident you loose your ability to work for 3 months. Lost wages are somewhat easy to put a dollar figure on. However what if you are unable to enjoy a special activity that you previously enjoyed doing before the accident? Pain & suffering damages cover these unique types of damages. If a grandfather is unable to take his grandson for walks in a park that may be a unique type of pain & suffering. The difficult issue is putting a dollar figure on these types of damages. This is because the same exact injury and/or impairment may mean two different things to two different people. For example a computer programmer that is unable to type may be at a serious impairment when compared to a professional athlete that cannot type. So much depends on the nature and affect of the accident itself and the result on the accident victim. Ultimately the amount paid may be up to a judge and jury if the case goes to trial.
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Disfigurement
If due to the accident you are left with a scar or other type of disfigurement you may be able to seek additional compensation. There have been some cases with medical malpractice where the medical staff amputated the wrong limb of a patient. Leaving the patient permanently disfigured and disabled.
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Value of medical expenses you are likely to incur in the future
If the medical malpractice has injured you, you most likely will require additional treatment. What if the injury has become serious and will most likely require long-term treatments and/or therapy? It’s important in these unique cases to not only cover was has happened but be prepared for the future. Our medical malpractice attorneys will figure for your case so you are fairly compensated for future medical expenses if you require treatment.
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Value of wages you are likely to lose in the future
Are you able to work after the medical malpractice has taken place? If so are you able to perform the same job with the same pay? It’s not uncommon for some victims to be left partially disabled after a form of medical malpractice. If this is the case and your earning potential has decreased you may be able to seek additional compensation.
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Loss of consortium (benefits of a relationship)
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Loss of normal life
Punitive 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 or grossly negligent conduct. It is fairly uncommon to see punitive damages in a medical malpractice case. However, it is not unprecedented.
What To Do Next...
If you or a loved one has suffered a medical malpractice injury, call our medical malpractice lawyers at Greenberg & Bederman at 301-589-2200 or toll free 800-800-1144. You may also submit the free consultation form (below) for a free legal consultation today.
We have medical malpractice lawyers serving Maryland, Washington DC and Virginia.
The initial consultation is free of charge, and if we agree to handle your case, we will work on a contingency fee basis, which means we get paid for our services only if there is a monetary recovery of funds. A lawsuit must be filed before an applicable expiration date, known as a statute of limitations so please call right away to ensure that you do not waive your right to possible compensation.
For more information visit our main Medical Malpractice webpage...
