Damages

There are two types of damages available in a negligence medical malpractice case, compensatory damages and punitive damages.

Compensatory damages

Compensatory damages are derived from the word "compensate," meaning "to make up for" or "to make whole". Generally, these damages can be broken up into two sub-categories- actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred, or financial losses sustained. Actual damages typically include:

Medical and hospitalization bills incurred to treat your injuries

Wages lost due to work missed while you recuperate

Costs of household or nursing help during recovery, including costs of wheelchair or crutches required

As noted, injured victims can also sue for general damages in addition to actual damages. General damages include the things that can't be precisely documented in dollars spent, including

Pain and suffering endured due to injuries and any subsequent mental anguish

Disfigurement resulting from injuries

Value of medical expenses you are likely to incur in the future

Value of wages you are likely to lose in the future

Permanency of injury and resulting pain and suffering

Loss of consortium (benefits of a relationship)

Loss of opportunity

Punitive damages

In addition to compensatory damages, punitive damages may be awarded in certain cases. Punitive damages are not based on actual injuries sustained. Rather, they are a way to punish the defendant for intentional conduct or gross negligence - behavior that is so egregious that a civil court penalty is warranted in order to deter the defendant from committing the same act again in the future.

Example: Based on a true story, if a doctor delivers a woman’s baby and then makes a small incision on her torso signifying that he was responsible for her children, the woman should expect significant punitive damages to be awarded against the doctor.

In more unusual cases, a patient may succeed in proving that a doctor promised a particular result from a medical treatment or procedure and failed to obtain the promised result. In these types of cases, it may be possible to recover damages from the doctor for the loss of the value of the successful treatment.

Damages are also available in cases where the plaintiff is able to prove that he or she was not provided with proper informed consent. The damages in such cases are different that in a typical negligence medical malpractice claim. As the premise for such cases is that the doctor treated the patient without their consent, the doctor may be liable for the wrongful touching of the patient, regardless of whether the treatment was successful.

If you or a loved one has been injured as a result of possible medical malpractice, call The Law Offices of Tony Zirkle now at Crown Point: (219) 308-1673, Fort Wayne Office: (260) 804-4928, Indianapolis Office: (317) 658-0107, South Bend: (574) 386-7960 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.

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The medical malpractice injury information offered by The Law Offices of Tony Zirkle and contained herein, regarding Indiana medical malpractice injury statutes and Indiana medical malpractice injury claimants' rights is general in scope. No attorney client relationship with our Indiana medical malpractice injury attorneys is hereby formed nor is the medical malpractice injury information herein intended as formal legal advice. Please contact an Indiana personal medical malpractice injury lawyer regarding your specific inquiry. Visiting this website does not create an attorney - client relationship.