About Me

I was recently involved in a car accident. Unfortunately, since it was my first accident, I was scatter-brained and anxious. What I did not realize at the time was that the actions you take immediately after the accident can affect a personal injury case and the outcome of that case. I wanted to find a way to share my experiences and mistakes with other. Since the Internet is so popular, I figured this would be a great way to do so. While you likely aren't planning on being in an accident soon, if you are, hopefully you remember some of the tips I share on this website.

The Do's and Don'ts After a Car Accident

Three Kinds Of Medical Malpractice Damages

7 December 2018

Yvonne Russell

Placing your health and your very life in the hands of a medical professional can be a daunting experience. Even when things go perfectly well, having to be hospitalized and undergoing surgery can be terrifying and uncomfortable for most people. When things go badly, however, your situation can go from uncomfortable to much worse. When you are speaking of a medical malpractice case, the harm inflicted on you and the compensation you receive are called damages. There are three main categories of damages in medical malpractice cases, so read on to learn more.

General Damages

This medical malpractice form of damage is known as general because the harm done is not defined by a specific amount of money. General damages encompass the way your life has been negatively affected by the medical practitioner's negligence. For example, some victims of medical malpractice suffer from these issues:

Loss of enjoyment of life – this can mean depression, anxiety, eating and sleeping disorders, and more.
Loss of consortium – when your spouse and your child are negatively affected by the malpractice.

While the harm is real, the way the harm is proven can be a challenge. Many medical malpractice attorneys rely on the personal testimony of the victim and their loved ones, journal entries, and expert testimony.

Special Damages

This category covers a more quantifiable form of damage. As a result of the medical malpractice action, you may now have increased needs. For example, you may be paid for surgery to correct the problem and all resulting needs that come after that, such as physical therapy. If you missed work as a result of the medical practitioner's negligent act, you are entitled to lost wages. Additionally, if medical experts testify that you will need future medical care, you are entitled to receive a certain dollar amount based on an estimate.

Punitive Damages

This form of damage is not a given – only in certain cases are punitive damages awarded to a victim. This form of damage seeks to add on to the above two categories of damages by punishing the medical facility or practitioner for being purposefully negligent. The amount awarded for punitive damages is usually several times the amount of the general and special damages. It can be challenging to prove punitive damages since the vast majority of practitioners do their best to provide adequate care to patients. Here are some examples of willful negligence that might result in punitive damages being awarded:

The doctor performed surgery while being under the influence of drugs or alcohol.
The medical facility failed to do a background check on a nurse and a patient was harmed as a result of the nurse's actions.
The medical facility failed to use proper cleaning practices resulting in a patient illness.

Not all personal injury attorneys practice medical malpractice law. Speak to a medical malpractice attorney as soon as possible.

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