Damages: Medical Malpractice Attorneys Fight for the Patient’s Rights

Usually 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 wrongful.

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.