Medical Malpractice Damages
In a medical malpractice lawsuit, the plaintiff is eligible for two types of compensation—economic and non-economic damages. Economic damages are awarded to compensate the injured patient for financial expenses and losses resulting from the defendant’s negligence. Non-economic damages, on the other hand, compensate the patient for losses that do not carry an intrinsic financial value, such as loss of life’s enjoyment.
Not every medical malpractice case is successful, and when damages are awarded, the amount and type of compensation recovered by the plaintiff will vary. While our New York medical malpractice attorneys cannot guarantee a financial settlement, we can determine whether your injuries would warrant such compensation.
To find out if you have a case to recover medical malpractice damages, fill out our FREE case review form on this page. You may also call 212-736-5300 to schedule a FREE consultation.
Economic damages that are typically awarded in a successful medical malpractice lawsuit include the following:
Medical Expenses: The injured patient is entitled to obtain damages for the cost of medical care and treatment related to the injuries sustained as a result of the defendant’s negligence. The plaintiff must show the court that these costs were reasonably necessary to treat their injuries and were proximately caused by the medical professional’s negligent actions or omissions.
Lost Wages: The plaintiff is also entitled to obtain compensation for wages lost as a result of the defendant’s negligence. The plaintiff must prove that the injuries suffered due to the defendant’s negligent actions or omissions prevented them from earning, up to the present time, wages which subsequently are being sought through the medical malpractice lawsuit.
Loss of Earning Capacity: Damages for lost earning capacity may also be awarded if the plaintiff can prove that the harm caused by the defendant’s negligence compromises their ability to earn wages in the future.
Non-economic medical malpractice damages may also be awarded in successful cases and are typically harder to quantify. Common non-economic medical malpractice damages include:
Pain and Suffering: The injured patient may also be entitled to recover compensation for actual physical pain, as well as emotional distress resulting from the medical professional’s negligence.
Loss of Consortium: The spouse of the injured plaintiff may be able to recover damages for the loss of marital benefits suffered as a result of the defendant’s negligence. Consortium encompasses the emotional and intangible elements of a marriage, including affection, sexual relations, comfort and companionship.
Successful medical malpractice cases may also award damages for disfigurement and loss of the ability to enjoy life’s pleasures.
Our New York medical malpractice lawyers understand that no amount of medical malpractice compensation can heal an injury or bring a loved one back. However, we have seen clients regain financial stability after being awarded significant medical malpractice settlements or verdicts. For instance, we recovered a $4 million medical malpractice award, the largest known settlement for a brachial plexus injury in New York, to compensate for medical expenses and other costs our client incurred or was likely to incur in the future as a result of their child’s birth injury. If you or a loved one has been injured by a negligent doctor, nurse or hospital, you may also be entitled to financial compensation for your suffering. Fill out our FREE case review form on this page and our New York medical negligence lawyers will evaluate your medical malpractice claim, at no cost to you.
- Economic Medical Malpractice Damages
- Non-Economic Medical Malpractice Damages
- Medical Malpractice Damages FAQs