Damages in Medical Malpractice Cases
After being injured by a health care provider, you may be stressed and anxious. You may need additional surgeries or medical treatment that you previously didn’t need. You may not be able to do your usual activities, and the quality of your life may be significantly diminished. It may be possible to recover damages by bringing a medical malpractice lawsuit. However, not every mistake constitutes malpractice, and it is advisable to consult experienced legal counsel about whether your health care provider’s conduct is actionable and the compensation you may be able to recover as damages in a medical malpractice case. The Ocala medical malpractice attorneys of the Dean Law Firm may be able to help.Damages in Medical Malpractice Cases
You have only two years from the date of discovering an injury to file a medical malpractice lawsuit. At the latest, you have four years from the date of the actions constituting malpractice. After that, you’d be barred, unless the health care provider fraudulently concealed the malpractice. To establish liability in a medical malpractice lawsuit, you’ll need to show: (1) you were owed a professional standard of care, (2) deviation from the professional standard of care, (3) causation, and (4) damages.
If you can establish liability, you may be able to recover compensation. Compensatory damages are awarded to put you back in the position you would have been in had you not been injured. They can cover both economic, or general, and noneconomic losses.
Economic losses are tangible losses. Often these are documented losses. They may include medical bills, replacement services, out-of-pocket costs, lost earning capacity, and lost wages. The amount of economic damages will depend on the gravity of the injuries. Noneconomic damages may also be recovered. Noneconomic damages include pain and suffering, mental anguish, anxiety, scarring, disfigurement, and loss of enjoyment. Noneconomic damages may vary significantly based on your own testimony about how your life has changed and the presentation of your attorney. Your personal characteristics and the biases of the jury can also play a role in the amount of damages in a medical malpractice case.Wrongful Death Damages
If a health care provider’s medical malpractice resulted in the death of a family member, it may be possible to recover wrongful death damages. These are civil lawsuits in which you can hold accountable a person or organization for their negligence, wrongful act, default or breach of contract or warranty that caused a family member’s death. The decedent’s estate is allowed to bring this lawsuit. It must show that: (1) the defendant’s conduct was a wrongful act, negligence, default, or breach of contract or warranty, (2) the conduct entitled the injured person to maintain a lawsuit and recover damages, and (3) the decedent would’ve had an underlying cause of action to the wrongful death had she or he not been killed by the wrongful conduct. A skilled malpractice attorney can determine whether the facts in your case will fulfill these elements.
Wrongful death damages can be awarded to spouses, children, and parents. They can include the decedent’s mental and physical pain, the decedent’s lost wages, and burial and funeral expenses. They may also include compensation for family members’ financial losses.Punitive Damages
In situations where a defendant’s conduct constituting medical malpractice was particularly egregious or reckless and resulted in the decedent’s death, punitive damages may be awarded. These are damages meant to deter similar conduct in the future and to punish the defendant. You’ll need to show intentional misconduct or gross negligence by a health care provider to receive an award of punitive damages.Consult a Skillful Medical Malpractice Attorney in Ocala
There are a wide range of damages that may be available in medical malpractice cases. If you suspect you were injured or a loved one was killed by a health care provider’s medical negligence in Ocala, you should consult us. We work with reputable and credible experts to determine whether there is a basis to sue. We represent patients and family members throughout Florida, including in The Villages and Crystal River, as well as Citrus, Sumter, Marion, Lake, Sumter, and Levy Counties. Call us at 352-387-8700 or contact us through our online form.