Damages Recoverable By Victim of Medical Malpractice

If a physician’s non-professional actions have harmed a patient, then that same patient has the right to file a medical malpractice claim. The claimant/patient can hope to recover compensation for specific damages.

Proofs required of claimant

Proof that the example of medical malpractice harmed the patient/claimant. If the physician had acted in a way that was obviously non-professional, then the link between those actions and the harm done to the patient would be obvious.

At times though, patients do not know what other doctors would view as a non-professional act. In such cases, it becomes necessary to obtain testimony from another doctor, ideally one that has the same specialty as the physician charged with medical malpractice.

Accident Lawyer in Surrey will find proof that the same harm/damage created added expenses for the harmed individual. Did it make it necessary for the patient’s treatment to be extended or altered, for reasons not related to the patient’s original problem? Did it result in an unexpected lengthening of the recovery period, in other words more time in the hospital?

Special damages that can be quantified and compensated

Medical bills from doctors, and from testing and treatment facilities.

Rehabilitation expenses; costs of medication

Loss of salary, due to missed time at work

General damages:

Loss of enjoyment of life; loss of future earning capacity; pain and suffering

None of these are easy to quantify; yet each of them can be claimed. If the doctor’s behavior has caused the affected person/patient to become incapacitated, the exact cost does not have to be made clear.

In that case, the jury would see that the affected plaintiff/patient had been deprived of some of the enjoyment of life. Hence, that same jury would become responsible for deciding on the amount of money that the guilty physician owes to the person that was under his or her care.

Punitive damages

A patient that was harmed by a doctor’s actions cannot claim punitive damages, unless the doctor had known that he or she was behaving in a harmful manner.

Possible additional damages

Those would arise if the patient that suffered some type of harm eventually died. In that case, the grieving family could seek additional compensation, as provided by 2 different statutes.

Compensation allowed by Survival statutes: This covers the cost of caring for the patient from the time of the harmful incident until the time of the patient’s death.

Compensation allowed by Wrongful death statutes: This provides the family with money to use when paying for funeral costs. It also covers any financial expense created by a loss of companionship. For example, the widow of an employed man, a man that had been killed in a car accident, could seek reimbursement for loss of companionship.