Damages: Medical Malpractice
Attorneys Fight for the Patient’s Rights
there are two types of damages available in a negligence
medical malpractice case; actual damages and punitive damages.
- Actual damages include the cost of additional medical
treatment, lost wages, lost future earning capacity, and
pain and suffering caused by the injury.
- Punitive damages are usually only available if the person
who caused the harm acted intentionally, willfully, or
recklessly in causing the harm. In some cases, an award
of punitive damages may be many times the amount of the
actual damages, especially if the actions of the person
found responsible for the harm are considered particularly
In rare instances, a patient may succeed in proving that
a doctor promised a particular result from a medical treatment
or procedure and failed to provide the promised result.
In those cases, the doctor may also be responsible for the
loss of the value of the successful treatment.
The damages available in a medical liability case alleging
a lack of informed consent are somewhat different from those
in a negligence medical malpractice case. Because the theory
is that the patient was touched without their consent, the
doctor may be liable for the unlawful touching, regardless
of whether the treatment was successful.
A number of states have enacted statutes limiting the
amount of damages that may be awarded in a medical malpractice
negligence action. These statutes may impose a limit on
the total amount of damages, or they may limit punitive
damages or "non-economic" loss. A medical malpractice
lawyer in Tampa can advise you on Florida’s statutes
concerning possible damages.