3 Categories of Medical Malpractice DamagesAugust 17th, 2015
Medical malpractice is a complicated legal area, and claims can be difficult to prove. Once you have worked through the logistics of establishing negligence and tying that negligence to a specific injury, your next concern will likely be which damages you may be able to claim.
This is where a medical malpractice attorney can help. At The Bowling Christiansen Law Firm, we handle a wide range of medical malpractice claims, including birth and spinal injuries.
Mr. Bowling can look through the circumstances of your case and guide you through the claims process. We can also determine which damages we may be able to help you recover.
Call us today at (504) 586-5200 to schedule an appointment, and read on to learn the three categories of malpractice damage claims:
General damages usually include mental and physical suffering, loss of enjoyment and loss of future earnings. General damages often form an important but contested part of a malpractice claim because they are not always easy to prove or quantify. For this reason, there is a cap on damages to protect doctors from exorbitant claims, according to Louisiana State University
No two cases are alike, and the courts will typically evaluate each individual and case on its own merit. It may be beneficial to consult an expert medical witness who can testify regarding your general damages and provide the court with a specific figure to quantify them.
It may be possible to claim punitive damages against a negligent doctor or health-care provider. This is usually in a situation when you can prove that the doctor was deliberately negligent and that he or she acted in this manner in order to cause harm. In order to claim punitive damages, you must prove that the doctor knew he or she was acting in a negligent manner.
Most victims of medical malpractice will face additional medical expenses. They may also lose wages due to forced time off work during the recovery process.
These quantifiable bills and expenses fall under special damages, and they are typically easier to prove than punitive and general damages. For this reason, it is important to keep copies of all medical bills and records because you may need to provide proof of specific expenses later in the claims process.
It is often difficult to determine exact financial figures in a medical malpractice case. For this reason, you should speak to a malpractice lawyer who has access to medical experts who can support your claim.
At The Bowling Christiansen Law Firm, we can help you with all aspects of your malpractice lawsuit. A New Orleans medical malpractice lawyer can look through the circumstances of your case and determine the best way to proceed.
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