Possible Damages Paid in a Medical Malpractice Lawsuit

12th May 2010
By dru-man in Medical Malpractice
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One of the most traumatizing injuries to be subjected are those resulting in medical malpractice. We put a lot of trust into our health care providers, and sometimes we forget that even they are not perfect and that everything can and sometimes will go wrong. When a doctor who cares for you has been negligent or delivered abuse, it may be time to contact a medial malpractice attorney.

Most medical malpractice suits fall under the category of a compensatory lawsuit. In this type of case, the attorney will pursue damages and nothing more. In the most basic of cases, compensatory suits allow for compensating the medical bills that arise, the cost of rehabilitation, the price of drugs, paid assistance, higher costs of living, and inability to work. This may even vary depending on who was injured—someone with a higher income would be compensated more than someone who had no income because they lost more by not being able to work.

But with more severe or more complex injuries, the retribution may grow more complex as well. Attorneys may pursue financial damages a variety of different consequences of the event, including pain and suffering, mental stress, or emotional turmoil. Lawyers have also been known to acquire damages for the patient's life being inconvenienced, cases where the patient was disfigured, misery, and marital problems. All of this comes together and may equal a monetary sum, which in many cases will never replace what has been lost but nonetheless offers some kind of retribution.

To go further, sometimes the family of the person injured or killed may be eligible for financial reimbursement. This may be as simple as making up for the change of personality in the victim and the loss of affection. In more extreme cases, where medical malpractice results in death, you often find a definite reason to be compensated in order to cover the funeral expenses, accrued medical costs, absence of the deceased party's income, and of course the emotional suffering associated with loss of a loved one.

Depending on the state you live in, there will be different amounts of money a lawyer can ask for. Some states limit the amount of money that can be paid in medical malpractice for compensatory cases. In other cases the amount is unlimited.

Another type of case that differs from the standard compensatory action is a when a lawyer pursues punitive damages. This goes further than requesting retribution and aims to deliver punishment for what has occurred. It is much harder to win a case for punitive damages. It must be proven that the doctor had acted with intent and malice to harm you or your loved one.


The type of damages you pursue in your medical malpractice case are best decided by a qualified attorney, and it is best to contact one that is familiar with your state and the laws that govern this type of case. To find a Milwaukee medical malpractice lawyer, go to http://www.warshafsky.com/practice-areas/medical-malpractice/.
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Source: http://www.goinglegal.com/possible-damages-paid-in-a-medical-malpractice-lawsuit-1544364.html
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