People put their faith into medical practitioners, particularly when they are in dire need of medical attention due to their ailments and diseases. However, medical professionals are also people who are prone to make mistakes while in the field. While not all errors they commit may be deemed as medical malpractice, some of the actions they perform that a vigilant doctor may do otherwise can be claimed under medical malpractice.
The reimbursement of the financial costs of the victim related to the malpractice falls under economic damages. This is sometimes also referred to as special damages, which cover even the future medical bills that are incurred because of the medical malpractice done to the patient. Economic damages also cover all medical expenses related to the treatment of the injuries of the patient as a result of the wrongdoing done by the doctor. It also covers the income that the patient lost because of his or her inability to work during the time that he or she was still recuperating.
Non-economic damages are more difficult to quantify because it encompasses the pain and suffering that the victim endured because of the malpractice. It also covers the decrease in the quality of life of the victim due to his or her injuries. Since non-economic damages prove to be more challenging to claim, it entails the need for the victim to present more than just the documentation of their expenses. The victim, as well as his family members or close friends, will be required to deliver a witness testimony, subject to the scrutiny of the jury.
Punitive damages are filed in pursuit to punish the medical professional who performed the medical malpractice. While economic and non-economic damages are focused on compensating the victim, punitive damages are centered on ensuring that the doctor is castigated. While punitive damages are not really common, it is necessary, especially in instances wherein the medical professional is proven to have the intent on withholding the safety consideration of the victim.
Wrongful Death and Survival Damages
In case the victim dies because of the medical malpractice of a doctor, the victim’s family and heirs can file for wrongful death and survival damages claim. The former is intended to compensate the victim’s family for the funeral expenses, as well as their financial losses, based on the contribution of the victim to their family when he or she was alive. The latter aims to seek compensation related to malpractice before the death of their loved one. Only immediate family members and heirs are eligible for wrongful death and survival damages claim.
In conclusion, there are instances wherein errors and mistakes are inevitable. However, mistakes and errors simply have no room with lives on the line, and such is the case for medical practitioners. If you deem that you have an eligible medical malpractice claim, perhaps now is the best time to get in touch with a reputable lawyer with the capability to assist you to fight for your right.