There are two types of damages associated with medical malpractice cases.
Compensatory damages are meant to compensate a person to the fullest extent possible in order to make that person "whole" again. Actual compensatory damages reimburse a plaintiff for any financial losses that have been sustained including:
General compensatory damages can't be precisely document in dollars spent but are meant to compensate a malpractice victim based on:
When a plaintiff has not been provided with proper consent, damages can also be made available.
Punitive damages are awarded to malpractice victims as a way to punish the defendant for any intentional or grossly negligent conduct that may have occurred. Although it is not unprecedented, it is fairly uncommon for punitive damages to be awarded in a medical malpractice case.
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