Piazza, Simmons, & Grant

Connecticut Personal Injury Lawyers

Medical Malpractice Damages Explained by a Connecticut Medical Malpractice Attorney

connecticut medical malpractice lawyerYour Connecticut medical malpractice lawyer will explain to you that there are a wide variety of damages that an injured person can claim for in a malpractice suit. These damages may include all medical bills, present and future, relating to the injury and loss of current and future income. If the patient dies as the result of the medical malpractice, the surviving family members may also sue for additional damages. Since there are several types of claims that can be part of a medical malpractice case, a Connecticut medical malpractice attorney will review the most common forms of compensation.

The Three Categories of Damages

To be awarded any type of damages in a medical malpractice suit, the injured party must show that:

  • The medical malpractice was the cause of the injury and damages
  • There is an approximate cost associated with the damages

There are three categories of damages that can be awarded in a medical malpractice case. These are General, Special and Punitive.

General Damages

General damages are those damages that can be very hard to place a value on for compensation. Damages under this category include loss of future earnings, pain and suffering, and loss of enjoyment of life. Pain and suffering claims and loss of enjoyment of life will vary from case to case. Your Connecticut medical malpractice attorney may have to call in an expert to help determine the values on these categories based on the severity of the injury, the prior lifestyle of the injured party, and the age of the injured person. For example, a person who is younger and had a very active lifestyle and has now become disabled because of medical malpractice will have a greater loss of enjoyment of life and future earning potential than someone with a less severe injury.

Special Damages

Special damages are easier to define a cost because these damages over expenses like past and future medical costs related to the injury and past lost income. It is very easy to determine what the medical costs are up to a certain point and what they will be in the future. Wage losses and other expenses related to these damages are easy to calculate and prove.

Punitive Damages

The ability to receive punitive damages varies from state to state. Your Connecticut medical malpractice attorney will explain to you if your case qualifies for this type of damage. In most cases, the actions of the medical professional must be so obviously wrong or malice for the injured patient to receive these types of damages. Punitive damages are generally awarded by a judge or jury and the amount of these damages will vary by case.

Limitations on Damages

Your Connecticut medical malpractice attorney will explain that there are many laws in place that limit the amount of money that can be received for damages in this type of case. Some states cap the entire damage amount, while others only cap the amount awarded in general damages. In addition to these caps, some states also have laws in place on how much an attorney can charge for their services in a malpractice case. It is important to speak to your lawyer about which, if any, of these laws apply to your case.

Recoverable Damages When the Patient Dies

Every state has laws in place that govern what types of damages can be claimed if a person dies from medical malpractice. These laws are often called Survival Statutes or Wrongful Death Statutes.

Survival Statutes

Survival statutes generally allow the surviving spouse and heirs or the estate to sue on behalf of the deceased for medical malpractice. All the damages that are calculated in a malpractice suit, except future earnings, are covered under these statutes. In some cases, burial expenses are included.

Wrongful Death Statutes

Wrongful death statutes allow specific surviving family members to seek compensation for their losses due to the death of their loved one. These losses include future earnings, loss of companionship, loss of services, and emotional duress. Wrongful death also covers burial and funeral expenses. Again, each state has different forms of compensation under these laws and should be reviewed with your attorney.

Speak to a Connecticut Medical Malpractice Lawyer Today

If you have been a victim of medical malpractice, you will need quality legal representation to protect your rights. Contact the Law Offices of Piazza, Simmons, and Grant LLC to have your case reviewed by a medical malpractice attorney. Your attorney will look over your case and explain to you what forms of compensation you are entitled to under state law and how you should proceed with your case. If you lost a loved one to medical malpractice, your attorney will be able to explain what rights you have as a surviving family member. You have the right to seek compensation for your injuries. Call 1-203-504-5840 and speak with a Connecticut medical malpractice attorney today about your case.

 

 

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