Medical malpractice damages are paid as either compensatory damages and punitive damages.
Compensatory damages are designed to compensate, or to make the person as "whole" again as possible.
Generally, these damages can be broken up into two sub-categories, actual damages and general damages. Actual damages reimburse you for your financial losses. Actual damages typically include:
General damages include the things that can't be precisely documented in dollars spent, including:
Damages are also available to those who prove that they were not provided with proper informed consent before the medical procedure took place.
In medical malpractice cases, punitive damages are not based on your actual injuries. Instead, they are a way to punish the negligent health care provider for intentional or grossly careless conduct. It is fairly uncommon to see punitive damages in a medical malpractice case. However, it is not unprecedented.
Contact our firm serving Boston, Springfield, Worcester, and communities throughout Massachusetts to schedule a consultation with a medical malpractice lawyer. Our attorneys are committed to helping victims obtain maximum compensation for their personal injuries.
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