Damages You Can Get in a Medical Malpractice Lawsuit

If you are a victim of medical malpractice, you may be left unable to work and have a pile of medical bills. These are known as damages. A medical malpractice claim can help you recover compensation for your medical bills, lost income, and pain and suffering.

If you have questions about damages and compensation for medical malpractice injuries, talk to a medical malpractice lawyer for legal advice about your case.

What Are Damages in a Medical Malpractice Case?

Damages is a term for the compensation that injury victims recover in a civil lawsuit. For example, someone hurt in a car accident caused by driver negligence can sue the driver to recover money for their:

• Medical bills
• Lost income
• Vehicle damage
• Other losses associated with the accident

The most common damages in medical malpractice cases are medical expenses, lost wages, and pain and suffering.

The purpose of damages is to put you in the position you would be in had the harm not occurred.

What Types of Damages Are Available?

Most damages in medical malpractice lawsuits are “compensatory damages.” Compensatory damages reimburse you for out-of-pocket expenses and other costs, like medical bills and lost wages. Of course, a permanent injury, such as losing a limb or brain damage, can lead to damages that are much harder to calculate.

The types of damages that may be available in a medical malpractice case include:

• Economic damages
• Non-economic damages
• Court costs and attorney fees
• Punitive damages

Punitive damages, which are intended to punish bad behavior, are rarely awarded in medical malpractice cases. They may only be available if a health care provider intentionally caused harm.

The party responsible for the harm pays the damages. In a medical malpractice case, malpractice liability could involve a doctor, surgeon, clinic, hospital, or other medical professional.

Economic Damages

Economic damages are for tangible losses. They’re also called “special damages.” They include financial losses and expenses related to the injury. Medical bills and loss of income are the most common types of economic damages. For example, if your injuries require multiple surgeries to correct, and you can’t return to work for a month, damages will cover your medical bills and lost wages.

Economic damages can include current and future losses. Those who suffer a permanent injury may require ongoing medical care for it.

Economic damages can include the estimated costs of future medical expenses and future loss of earning capacity. Medical expert witnesses generally calculate future damages. The jury hears evidence about the estimated future damages and determines how much to award.

Non-Economic Damages

Non-economic damages are intangible losses. They’re also called “general damages.” They don’t always have a precise compensation amount. For example, how much money should you get if you suffer chronic back pain because of a medical error?

Juries generally determine non-economic damages. The jury comes up with a fair compensation amount for these damages after jurors hear the case and the non-economic damages requested.

Non-economic damages in a medical malpractice lawsuit can include:

• Mental pain and suffering
• Loss of enjoyment of life
• Disfigurement
• Emotional distress
• Loss of companionship
• Loss of consortium

Caps on Damages in a Medical Malpractice Case

Some states limit the amount of non-economic damages you can recover in a medical malpractice case. Other states have found damage caps to be unconstitutional. Health care and insurance companies have promoted these caps on non-economic damages.

California has limited non-economic damages in medical malpractice cases since 1975. The cap was initially set at only $250,000. However, it increased in 2023 to $350,000 for claims that don’t involve wrongful death, rising by $40,000 yearly until reaching a maximum of $750,000.

Texas caps malpractice non-economic damages at $250,000. For cases involving multiple health care institutions, the maximum non-economic damages cap is $500,000, limited to $250,000 per institution.

What Is a Patient Compensation Fund?

A patient compensation fund (PCF) is a state program that covers some of the damages associated with a medical injury. Medical malpractice insurance premiums fund PCF programs. After making a medical malpractice award or settlement, the malpractice insurance provider pays damages up to a certain amount, and the PCF pays the remainder.

Only a few states have PCF programs. For example, Florida’s Birth-­Related Neurological Injury Compensation Plan covers medical malpractice damages related to severe birth injuries even if no medical negligence occurred. New York and Pennsylvania also have PCF programs.

What Damages Are Available in a Fatal Medical Malpractice Accident?

In a fatal medical malpractice case, the victim is no longer around to file a lawsuit on their own. A wrongful death lawsuit can help families recover compensation to ensure negligent medical providers don’t get away with mistakes. Depending on the state, the deceased’s estate or surviving family members can file a wrongful death lawsuit. Damages in wrongful death cases can include funeral expenses, burial costs, and loss of support.

How Much Is My Claim Worth?

Several factors determine the amount of compensation you can recover. This includes the extent of the injuries, the types of injuries, and your age. An experienced medical malpractice attorney can evaluate your case and explain your legal options. They can also help you understand how much compensation you can receive for a medical injury. If a family member died from a medical mistake, you might be able to file a wrongful death lawsuit.

You may have a limited time to file a malpractice lawsuit under the statute of limitations. Contact a medical malpractice lawyer before it’s too late to file your claim. Most medical malpractice lawyers offer a free initial consultation.