Medical Malpractice Damages

There are two types of damages available in medical malpractice cases, compensatory damages and punitive damages.

Compensatory Damages

Compensatory damages are designed to, in a word, compensate. To the extent possible these types of damages are meant to make the person as "whole" as possible. Generally, these damages can be broken up into two sub-categories, actual damages and general damages. Actual damages seek to reimburse a plaintiff for financial losses sustained. Actual damages typically include:

1. Medical and hospitalization bills incurred to treat your injuries
2. Wages lost due to work missed while you recuperate
3. Costs of household or nursing help during recovery, including costs of wheelchair or
4. crutches required

1. Pain and suffering endured due to injuries and any subsequent mental anguish
2. Disfigurement
3. Value of medical expenses you are likely to incur in the future
4. Value of wages you are likely to lose in the future
5. Loss of consortium (benefits of a relationship)
6. 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.

Damages are also available in cases where the plaintiff is able to prove that he or she was not provided with proper informed consent.

If you or a loved one has suffered an injury, illness or death, that seems to have been someone else’s fault, call VanDerGinst Law at 1-866-843-7367 or click here for a FREE online case evaluation. The initial consultation is free of charge. If we agree to handle your injury case, we will work on a contingency fee basis, which means we get paid for our services only if, and when, there is a money recovery for you. In many cases 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.