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What type of compensation can I get for malpractice?

Compensatory damages for a case of medical malpractice are costs that can be calculated and attributed to the loss or damage you have suffered due to the negligence of the medical Professional or failure to comply with your obligation. For example, you are entitled to compensation for past and future wages, loss of future earning capacity and the cost of rehabilitation. Compensatory damage may also include the cost of replacement services, which are things you have been responsible for providing, such as caring for your children, cooking, or cleaning the house. Remember, the amount awarded can best be calculated if you have proof that you are providing to the court, such as invoices or receipts.

What are Non-economic damages?

You can also be entitled to what is called non economic damages. These are damages which are a bit more subjective and intangible, but are no less real. For instance, if you have suffered a severe injury you may also be entitled to compensation for your pain and suffering.

Punitive Damages

In some areas you may also be entitled to what is called punitive damages. Punitive damages are less common in medical malpractices cases, and unlike compensatory damages, which are used to make the plaintiff whole, punitive damages are used to punish the defendant. If your state allows punitive damages and they are warranted in your medical malpractice case, judges generally assess them and they may also be subject to statutory caps.