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What Compensation Can I Get in a Medical Malpractice Case?

By Burg Simpson
March 9, 2020
3 min read

If you are the victim of malpractice, you deserve to be compensated for your injuries. To determine what constitutes just compensation for your injuries, an experienced medical negligence attorney will evaluate your “damages.” In medical malpractice cases, the law separates damages into three categories: economic, non-economic, and punitive damages.

Economic Damages

If you have been injured by a medical error, you may not be able to work and you may be facing additional medical bills. Lost wages and medical costs are a type of economic damages. Economic damages are generally damages that are easy to assign a dollar amount to and generally proven by documents such as bills and paystubs. Occasionally, however, experts may be needed to determine your future medical needs and the costs of that future treatment. Additionally, if your injuries prevent you from working, an economist may be needed to determine, among other things, your loss of earning potential.

Noneconomic Damages

If you were the victim of medical malpractice, your injuries probably include much more than medical bills and lost wages. Your injuries may have caused you pain, suffering, emotional distress, and many other harms that cannot easily be assigned a dollar value. These harms are known as non-economic damages. Non-economic damages usually can be established using medical records and witness testimony. However, testimony by a physician, psychiatrist, and/or psychologist can also be used to establish the severity of the pain and/or emotional distress.

Punitive Damages

In addition to economic and non-economic damages, a skilled medical malpractice attorney can review the facts of your case to determine whether you may be entitled to punitive damages.  Punitive damages are awarded to punish the defendant and to deter the defendant and others from engaging in the conduct that formed the basis of the lawsuit. Not all states allow for punitive damages, however. For those states that do allow punitive damages, generally they are only awarded in cases where the physician’s actions or inactions were especially reckless or malicious.

Do You Have Questions about What Your Case May Be Worth?

As you can tell, the value of your case is based on a variety of factors. An experienced medical malpractice attorney will be able to discuss those factors with you and fight to obtain the compensation that you deserve.

If you or a loved one has been injured by a medical professional’s negligence, contact Burg Simpson’s medical malpractice attorneys in Cincinnati today. As part of a national firm, Burg Simpson’s Cincinnati office has the resources to fight for injured patients, against the biggest hospitals and insurance companies in the United States. They can help you too! Just call (513) 852-5600 or fill out our free case evaluation form now to discuss your case with us.

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