3 Types of Damages in Medical Malpractice Claims
Personal Injury claims are all for one expressed purpose, for an injured party to receive some type of compensation from a negligent party – and medical malpractice is no different. Like most personal injury claims, there are a wide variety of damages one can recover from medical malpractice – from additional medical bills, lost wages, and emotional stresses, to damages presented to the family in the event of a patient’s wrongful death. Despite the vast number of possible damages, in order to take the right steps, it is vital that one find the assistance of a personal injury attorney San Antonio and its neighboring cities offer a lot, but few have the skill, and experience of Charles Spinner, Esq. and the team at Spinner Law Firm. Once you hire a qualified personal injury attorney San Antonio statutes will often set aside specific guidelines under which you can attempt to claim your rightful damages, and of course it is your attorney’s job to assist you in claiming such damages – especially vital in medical malpractice cases, considering their complexity. And the limits on damages any personal injury attorney San Antonio has practicing must adhere to.
With medical malpractice claims it is important that the patient show: 1) the malpractice/negligence of the doctor caused the injuries in some way and 2) a financial approximation can be set onto these damages. Once these two specifics are met, there are 3 types of damages any personal injury attorney San Antonio has practicing will be going after.
· General Damages
As a personal injury attorney San Antonio lawmakers require that you assign a specific set of general damages that refer to a patient’s cost of suffering that don’t have a definite price, and are subjective in nature, such as:
o Loss of enjoyment in life
o Pain and Suffering – both mental and physical
o The loss of future earning possibility
· Special Damages
Special damages are the damages that are far more quantifiable, than general ones. This includes any medical bills that might be incurred, lost wages – due to missing work, and any future missed work or medical bills.
· Punitive Damages
Punitive damages, in certain circumstances can be paid back or recovered by the patient. These rules are very tricky, and differ from state to state and even counties. For a personal injury attorney San Antonio and nearby cities, require that the doctor who is held responsible for th damages, knew very well that he or she was behaving in a harmful manner preemptively. For instance, if a doctor were to be performing a surgery on a patient, and intentionally left a sponge inside the patient – creating a reason for a second surgery (and higher payment) in order to remove the sponge – the patient would be entitled to punitive damages.
Medical malpractice cases are quite complex, and in order to navigate them properly you need the guidance and counsel of an experienced attorney like Charles Spinner, Esq. For more information or to schedule a consultation contact Spinner Law Firm today.