When you are ill or injured, you count on medical professionals to treat you not only ethically and logically, but also expertly and with a sound mind. If a doctor ends up failing to properly medically treat or diagnose you, you may be entitled to receive compensation for damages caused by the medical malpractice. Doctors are required to care for their patients at a level considered to be an officially deemed standard of care. If they are negligent, which could be anything from being under the influence of drugs to being lazy and missing obvious symptoms, you could end up hurt or more sick than you were when you visited them. Exactly how much you are eligible to be compensated for depends on the types of damages in your particular case.
The first type of damages that can be considered for your case are known as general damages. These are defined as damages that involve a patient’s cost of suffering that are real but not are not able to be given a definitive price amount.
Examples of general damages include:
Because of the nature of these damages, how much you will be compensated for them is completely dependent on the judge, the attorneys, and the unique details of your medical malpractice case. To come to an actual financial amount, evidence must be provided to show the physical or mental pain and suffering you have been experiencing.
Special damages, unlike general damages, refer to those that are much easier to be calculated. In a sense, they are quantifiable damages that are a direct cause of the medical malpractice. These costs include medical bills of all kinds and missed work caused by the injuries caused from the doctor’s negligence. Usually all that is needed to calculate these costs is documentation of your wage’s immediately prior to the injury, showing how long you have been or were out of work, and physical receipts or bills of medical costs.
Finally there are punitive damages that can be considered. These types of damages are only relevant to a medical malpractice case when the medical professional that was treating you can proven to have been “aware that they were behaving in a dangerous or negligent manner.” Such intentional acts or laziness result in a punishment, which can be transformed into punitive damages that can be a part of your compensation.
It is important to note that for New Jersey medical malpractice cases, punitive damages specifically has legal caps to how much you can receive. The cap is currently $350,000 or five time the amount of compensatory damages, whichever is greater. This comes from N.J.S.A 2A:12-5.14.
Were you or a loved one injured due to medical malpractice in New Jersey? Then you need to talk to an experienced medical malpractice lawyer as soon as possible for guidance on how to proceed. The Haddonfield personal injury attorneys at The Law Offices of Andres & Berger P.C. are prepared to assist you with your legal claim. We represent victims of negligent surgeons, doctors, nurses, and pharmacists throughout New Jersey, including Winslow, Lindenwold, Gloucester Township, and Collingswood. Call us today at (856)-795-1444 or email us to schedule a consultation. Our office is conveniently located at 264 Kings Hwy E, Haddonfield, NJ 08033.
The articles on this blog are for informative purposes only and are no substitute for legal advice or an attorney-client relationship. If you are seeking legal advice, please contact our law firm directly.
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