South Carolina Injury Attorneys
Recoverable Damages in Medical Malpractice

Recoverable Damages in Medical Malpractice

If you’re a patient who was harmed as a result of a medical professional’s negligence, there are a number of medical malpractice damages you can recover. These damages can cover calculated expenses such as medical bills and cost of treatment, and they will also cover damages that can’t be necessarily quantified – such loss of enjoyment of life and pain and suffering.

General Damages

These types of damages cannot be exactly calculated. Loss of future earning capacity, physical and mental pain and suffering, and the loss of enjoyment of life are all considered general damages. Because there is no definite price, typically the court will look at evidence regarding the patient’s treatment and level of pain. In some cases, a non-biased expert will be brought in to offer a testimony that can estimate the value of the patient’s lost earning capacity.

Special Damages

Quantifiable expenses such as medical bills, cost of treatment and any missed days at work are considered special damages. Sometimes an expert’s testimony will still be requested to find a more exact cost of damages, but typically a copy of the patient’s medical bill will be an accurate enough reading.

Punitive Damages

The purpose of punitive damages is to offer a settlement that is not only adequate compensation, but also aims to punish the defendant. If a doctor intentionally left a sponge in a patient’s body after surgery in an attempt to create an excuse for a second surgery, punitive damages would be awarded. Although the exact amount that is awarded varies, it will usually be no more than several times the cost of special and general damages.

The Greenville medical malpractice lawyers at Christian & Davis, LLC have 95 years of collective experience and have recovered millions of dollars for our clients. If you’ve suffered harm at the hands of a medical professional’s negligence and recklessness, you have a right to take legal action with a dedicated attorney on your side. Call us at (864) 408-8890 today.


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