Medical Malpractice Attorneys in Atlanta
Medical Malpractice Damages
There are two types of damages available in an Atlanta medical malpractice case: compensatory damages and, in very rare cases, 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 rare cases. Punitive damages are not based on actual injuries sustained. Rather, they are a way to punish the defendant for intentional misconduct 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.
