Malpractice History

Typical malpractice awards in courts include those that are awarded for monetary damages and those that are awarded for non-monetary damages. These damages can be such that the plaintiff has already realized, that are currently being realized, and those that might be most reasonably realized in the future due to the nature of the malpractice.

How is a Successful Malpractice Trial Rewarded?

The types of economic awards that are more common include those resulting from unemployment to compensate for the time the plaintiff missed working wages that would not have been lost had the negligence been avoided. If the malpractice attorney can prove that the plaintiff will also be losing future wages because of sustained impairment preventing him from working, and depending on for how long this impairment will last, the attorney can press for awards of earning compensation for up to the duration of the lifetime of his client. There may also be monetary compensation for any kind of physical disfigurement as a result of the malpractice negligence determined by the costs of surgeries needed and other healthcare costs associated with the recovery and recuperation period.

What are Malpactice Caps?

Although it is not as definitive, and there have been more rigorous attempts, especially of late to limit awards for non-monetary damages, a good malpractice attorney can make a case if they are indeed valid claims that can be reasonably proven to be a result of the negligence of the physician being sued. Because of the nature of such non-monetary claims as pain and suffering that can only be quantitatively estimated and not specified, there is a cap on such damages.