Damages Awarded In Medical Malpractice Cases

Any patient harmed when receiving medical care can recover damage awards due to the negligence of health care providers or the hospital itself. If the treatment results in the patient's death, the family members have a right to recover damages through a wrongful death claim on behalf of their patient. Each state has its own limits when it comes to the amount to be recovered. Understanding what to recover and the limitations imposed by the State of Alaska would help one file a successful medical malpractice lawsuit.

 Types Of Damages Awarded

 There are three types of damages awarded in a medical malpractice claim. In some instances, it becomes hard to get the damages awarded if a patient cannot figure out who was liable for their injuries. That’s why victims who have suffered harm from negligence should find Anchorage medical malpractice attorney to help them determine who is to be sued. The three types of damages are as follows:

1. Special damages: These refer to damages covering the patient's expenses due to medical malpractice. These expenses include medical expenses or any other cost that can have a dollar value. Though these damages are easy to quantify, it becomes difficult to determine the amount of medical expenses incurred in the future.

2. General damages: These expenses cannot be quantified. When a patient undergoes harm due to negligence, they suffer from mental anguish or emotional distress. It becomes hard to determine or place any dollar value on such issues. Again, every case is different. What happens is that one may obtain expert witnesses to give testimony on how the injuries have affected their life or their patient’s normal life. There are many types of general damages that can be recovered. They include:

ü Loss of future earning capacity

ü Loss of consortium

ü Pain and suffering

ü Loss of enjoyment of life

 To obtain the above damages, the plaintiff must prove that:

ü They suffered harm from medical malpractice.

ü There is a price tag to be put on the damages.

 Proving the above is not easy. It requires one to find Anchorage medical malpractice attorney, to determine or come up with a reasonable figure for the damages.

3. Punitive damages: Unlike other types of damages, punitive damages are meant to punish the hospital or the medical doctor for their intentional acts. For punitive damages to be awarded, it must be proven that the defendant knew they were acting in a harmful manner. The judge or jury determines the amount to be paid.

  Is There Any Limit Imposed By Alaska State On Damages?

Alaska's medical malpractice laws are complex. They require one to find top lawyers in Anchorage Ak, for legal guidance. When it comes to damages received, Alaska limits the amount a plaintiff can receive after a trial. The amount received for medical expenses or any other quantifiable expense has no limit. The cap applies to non -economic damages such as disfigurement, pain and suffering, and consortium loss, among others as follows:

· $250,000 cap for general damages in medical malpractice

· $400,000 for medical malpractice damages involving wrongful death or any other injury leading to a permanent disability over 70% debilitating.

 If you believe your medical doctor or the hospital was negligent enough to cause you injuries, you may have a medical malpractice claim. Thus, you can looking for top lawyers in Anchorage Ak, to understand how the law will be applicable to your case.

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Created on Oct 30th 2020 23:20. Viewed 318 times.

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