What Damages Can Be Recovered For Medical Malpractice?

As a victim of medical malpractice, you can sue for your injuries and all of the direct consequences of those injuries. Actual damages refers to the amount of money it would take to fully compensate you and place you in the same position you would have been in had the injury never taken place. You can recover your actual economic losses such as the costs of reasonable and necessary medical care, rehabilitative services, costs of domestic services, and loss of earnings. The law allows compensation for future medical and care expenses that the claimant can prove will be reasonably necessary to treat the injury caused by the malpractice. The claim may include income the claimant can prove will probably be lost in the future because of the injuries. Loss of earning capacity is also allowed when the patient proves he or she is less able to earn a living as a result of the injuries caused by the malpractice.

You are also entitled to non­economic damages for physical pain and suffering, mental and emotional suffering, physical impairment, inconvenience, disfigurement, loss of enjoyment of life, loss of consortium (disruption of your personal relationship with your spouse), etc. There is no definite standard of calculating reasonable compensation for these types of damages other than being just and reasonable in light of the evidence.

In certain instances, damages may be awarded to families of injured claimants for loss of care, companionship, love and affection. Family members can be compensated for the wrongful death of a loved one. These damages may include medical and burial expenses, loss of income that would have supported the family members, emotional suffering, and loss of the pleasures of the family relationship.

In general, limits are not imposed on the amount of compensation recoverable in a medical malpractice case. However, for claims brought under the Nebraska Hospital­Medical Liability Act, the total amount recoverable is $1,250,000. This act governs claims against providers who qualify to participate in the state`s excess liability fund. To qualify, a provider establishes financial responsibility by purchasing professional liability insurance in a specified amount. The liability of a qualified provider is limited to $200,000 per patient and the excess liability fund pays the damages in excess of $200,000 for each defendant up to the amount of the cap.

Liability of political subdivisions is limited to $1,000,000 per claimant per occurrence and $5,000,000 for all claims arising out of a single occurrence.