Recovering damages in a medical malpractice case can be a helpful step in coping with the physical and emotional pain caused by negligent healthcare providers. As part of a medical malpractice lawsuit, you should have a clear understanding of what damages you are looking to recover as a result of your injuries, and how those damages get calculated into dollar amounts. Most patients can seek to recover from three types of damages in a medical malpractice case: economic, non-economic, and punitive damages.
As one might expect, the term “economic damages” refers to the monetary loss due to the alleged medical malpractice. This includes lost wages and lost earning capacity due to missing work, using personal days, or wages you could have otherwise earned but now are unable to work because of your medical malpractice injuries. Other damages that can also be calculated and repaid are medical bills incurred due to the doctor’s negligent treatments, and loss of services. Because such losses are objective, economic damages can be calculated to an exact or close-to-exact amount.
On the other hand, non-economic damages are losses that are more subjective. These damages in a medical malpractice case can include pain and suffering, emotional distress, and loss of companionship. Because of the subjective nature of these damages, there is a cap on the amount of non-economic damages a plaintiff can recover, and the jury determines the amount awarded to a plaintiff within the relevant cap.
In some cases where the physician acted with gross negligence (or worse, maliciously), the patient may try to seek punitive damages against the physician. Punitive damages are available when a defendant exhibited exceptionally reckless behavior, or intentionally harmed the plaintiff. Whereas economic and non-economic damages are meant to compensate the plaintiff for their losses, punitive damages are meant to punish a defendant by forcing them to pay additional damages.
Contact The Law Offices of Cardaro & Peek, LLC Today
Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? If so, you may be entitled to compensation. Call Cardaro & Peek, LLC today.
The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website www.cardarolaw.com and follow us on Facebook, Twitter, and LinkedIn for more information.