What types of damages are recoverable in a medical malpractice claim?
The legal system has three categories for identifying the types of damages that are recoverable in a medical malpractice claim. As one who was injured by a medical provider, your damages may fall into one, two, or all three categories. This is something our Bronx, NY medical malpractice lawyer can clarify for you after a detailed review of your circumstances. Here’s an overview of the three categories:
- General Damages. In this category, your medical malpractice lawyer in Bronx, NY can include damages you’ve suffered such as mental pain and suffering, physical pain, loss of consortium, loss of quality of life, and possibly more, depending on your circumstances.
- Special Damages. In this category, your Bronx medical malpractice lawyer can include damages you’ve suffered such as medical costs to treat the injury you sustained and may also include surgery, medications, medical devices, follow up doctor visits, and more. If you have missed work during your recovery time, the wages you would have earned can also be included as damages.
- Punitive Damages. In this category, your medical malpractice lawyer can include damages that are intended to punish the negligent party. This is unusual for medical malpractice claims as a requirement for punitive damages is that the responsible individual or institution (such as a hospital) acted particularly egregious. What this translates to is that the at-fault party must have intentionally tried to cause the victim a serious injury.
What damages can be recovered if my family member died due to medical malpractice?
After a careful review of the timeline of events and other critical details, a Bronx, NY medical malpractice lawyer can determine if you have a valid claim against the medical provider for the loss of your loved one. Depending on the circumstances, the surviving heirs may be able to claim one or more of the following as damages, in addition to other possible losses:
- Medical and related costs from the moment of the accident until after their passing.
- The pain and suffering that the deceased experienced as a result of the medical malpractice.
- Funeral and burial costs.
- The heirs’ economic losses as a direct result of the victim’s passing.
If you would like to know more about the value of your medical malpractice claim, contact our Bronx, NY medical malpractice lawyer from Okun, Oddo & Babat, P.C. to schedule a confidential and complimentary case review.