Which Damages Can Be Awarded Through a Medical Malpractice Claim?

With any medical malpractice lawsuit, there are usually two types of damages that a person could be awarded for by either a jury or judge. Those types of damages are specific damages and general damages. Many people do not know the difference between the two and struggle to understand what damages they have suffered. Knowing the disparity between the two is very important in order to be able to claim for the right damages that were caused.

A Medical Malpractice lawyer can assist the victim in deciphering which damages they have suffered and fight for the full compensation of those damages. Below will be described the following damages that can be awarded through a medical malpractice claim:

Specific Damages: Also referred to as economic damages. These damages are injuries that can be financially calculated like medical fees, future medical fees, wage losses for past and future, and costs associated with future care. The costs of future care can vary depending on the severity and age of the victim. For example, an infant that suffers Cerebral Palsy due to a doctor’s negligence during the delivery of the baby can have a life full of medical expenses. In these cases, a life-care planner is usually assigned to the patient to work on planning what the infant will need during each phase of their life. These services are quite costly because it includes everything associated with the victim’s injury such as wheelchairs, physical therapy, speech therapy, occupational therapy, nursing care, and more.

Another type of specific damage that can arise from a medical malpractice is having to modify the victim’s home to make it handicap-accessible for them. This also applies to their vehicles. Just like future care costs, wage losses for past and future can amount to the millions. Many medical malpractice law firms will work side by side with an economist to figure out the earnings that were lost and those that will be lost in the future according to the individual’s reasonable work life expectancy. For those individuals who have not even started working yet and were injured, the loss of earnings can be calculated through the parents work history and education level to project an average of what the child would have made had they been working. Economic damages do not have any limits to the amount that a victim can receive.

General Damages: Also referred to as non-economic damages. These damages are injuries that cannot be financially calculated like pain and suffering, loss of companionship, loss of services, loss of consortium, and more. These damages are immeasurable because no true amount can be given in regards to these damages. For example, a wrongful death case where the family members are in obvious pain and suffering. In this case, measuring how much the family members will receive is impossible. Jury members will typically be influenced by their own personal experiences such as maybe having lost a family member themselves.

In Florida, general damages vary depending on whether the medical malpractice was caused by medical practitioners or non-practitioners.  Medica Practitioners have a $500,000 cap, while non-practitioner cases amount to $750,000.

Seeking Guidance From A Miami Medical Malpractice Lawyer

Being a victim of a medical malpractice mistake can change a person’s life forever. They might never be able to perform the same activities they once did. Call the office of Percy Martinez Law firm that has skilled Miami Medical Malpractice Lawyers that will assist any victim who demands their help. Get a free consultation by dialing (305)529-0001.