If you were hurt by a healthcare provider’s negligence, you may be entitled to compensation to offset your losses. There are many ways that a doctor’s errors can impact your life, and the courts may award damages to compensate for your injuries and adverse effects. For example, you are likely to experience physical pain as well as emotional anguish, and you may be left unable to return to work. As a result, your income may decrease substantially while you recover for your physician’s negligence. A steadfast and dedicated attorney could help you measure your losses and obtain Palm Beach County medical malpractice damages in a civil claim.
Economic and Non-Economic Losses
Economic damages are any losses that can actually be calculated. For example, past medical bills or past lost wages could be quantified because those expenditures that have already occurred. A claimant can also have future economic damages based on certain calculations like diminished earning capacity. Economic damages reimburse the hard numbers that can be quantified after an incident of medical negligence.
Non-economic damages are those which cannot be quantified. There is no formula that can be used to calculate a plaintiff’s non-economic losses, and they are speculative to an extent. Pain and suffering and emotional trauma are intangible damages that can be recovered in a successful medical negligence case.
An attorney usually calculates a claimant’s non-economic damages, but they are subjective and speculative. In some cases, lawyers hire an economist to come in and take a look at the numbers to help measure a plaintiff’s damages.
Damage Caps
Caps on economic and non-economic damages medical negligence cases have been abolished as unconstitutional. The Florida supreme court stated in 2014 and again in 2017 that any type of Palm Beach County medical malpractice damage caps, whether they would be economic or non-economic, are unconstitutional.
Punitive Damages
Punitive damages are awarded to punish a defendant doctor for any kind of gross medical negligence or wanton and willful reckless disregard for human life. They are looking at damages that almost come to a point of some type of conduct in the civil realm. In most circumstances, punitive damages may not exceed more than three times a claimant’s compensatory award, which is their economic and non-economic losses combined. Punitive damages are meant to punish a defendant doctor for particularly egregious behavior and to deter future misconduct.
However, punitive damages in Palm Beach County medical malpractice cases are rare. The only time that somebody would actually receive punitive damages in a medical negligence case is if the doctor did something truly egregious to the patient. It is a very high standard and unlikely in a medical malpractice case.
Ask an Attorney About Palm Beach County Medical Malpractice Damages
Placing a value on your losses after being injured by your healthcare provider can be difficult without skilled legal counsel. A lawyer from our firm would have the knowledge and experience necessary to accurately measure your damages and could help you initiate litigation against responsible parties. Consider speaking with an attorney from our legal team today to learn more about Palm Beach County medical malpractice damages so you can understand the opportunities available to you.