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What Damages Are Awarded in Medical Malpractice Cases In Texas?

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If a medical professional, hospital, or other party is found to be at fault for causing harm to a patient, the patient or their family may receive compensation for damages. This compensation is meant to cover the losses that the victim has experienced, and can include different types of damages such as medical expenses, lost wages or earning capacity, pain and suffering, loss of consortium, and other damages such as loss of enjoyment of life, disfigurement, and punitive damages for severe negligence or recklessness. Medical expenses may cover various costs associated with the injury, including hospital stays, doctor visits, prescription drugs, physical therapy, and assistive devices. Lost wages or earning capacity can be compensated if the injury resulted in the victim being unable to work or earning less money than before. Pain and suffering damages are meant to compensate for physical pain and emotional distress caused by the injury, while loss of consortium compensates family members for the loss of companionship and other benefits of a family relationship.

Type Of Damages From Medical Malpractice In Texas

In a medical malpractice lawsuit, the damages can generally be classified into two main types: compensatory and punitive.

Compensatory damages in a medical malpractice case are meant to provide compensation to the patient for two types of losses. The first type is actual damages, which refer to out-of-pocket losses incurred by the patient as a result of the injury. This includes medical expenses, hospital bills, lost wages during the recovery period, and costs associated with equipment or household or nursing help required during the healing process. The second type is general damages, which are less easily quantifiable and compensate the patient for losses such as pain, suffering, mental anguish, disfigurement, projected future medical expenses and lost wages, permanent injuries, loss of consortium (the benefits of a relationship), and loss of enjoyment of life.

Punitive damages in a medical malpractice case are meant to penalize the wrongdoer for their intentional, reckless, or wanton behavior. These damages are usually only awarded in cases where the conduct of the wrongdoer is so egregious that a punitive award is necessary to deter them from engaging in similar behavior in the future. For instance, if a urologist who had performed surgery on a patient was aware of excessive post-surgical bleeding but left the hospital without even checking on the patient’s status in the recovery room, the patient’s spouse might expect to receive punitive damages as part of the award.

In addition to compensatory and punitive damages, other types of damages may also be available in a medical malpractice case that involves the issue of informed consent. For example, if a patient was treated without their consent, the doctor may be held liable for wrongful touching of the patient. In cases where a doctor promised but failed to achieve a specific outcome from a treatment or procedure, damages may include the value of the successful treatment.

Seeking Full Compensation

Our goal when we are hired to handle a case involving injury, wrongful death, or medical malpractice is to obtain complete compensation for our client. To achieve this, we frequently collaborate with professionals to establish liability and assess the entire range of damages resulting from the negligence or wrongful conduct. This assessment also includes potential future damages such as lost wages and pain and suffering.

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Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

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Are Punitive Damages Awarded In Medical Malpractice Cases?

Individuals file medical malpractice lawsuits against doctors, surgeons, healthcare clinics, or hospitals to receive compensation for their medical expenses, lost wages, and pain and suffering. These are significant costs that arise when patients experience harm due to negligent care, and obtaining fair compensation often entails extensive negotiation.

If the responsible parties and their insurers decline to accept fault or pay a settlement, medical malpractice cases may proceed to trial. In such cases, the defendants may become subject to a different kind of compensation: punitive damages.

What Are Punitive Damages?

In most medical malpractice cases, there are two types of damages that are awarded: economic damages and non-economic damages. Economic damages refer to losses that are quantifiable, such as medical bills and lost wages, whereas non-economic damages pertain to losses that are more subjective, such as pain and suffering. Both types of damages aim to help victims recover physically, financially, and emotionally, as much as possible, after suffering from permanent harm.

However, punitive damages serve a different purpose. They are not intended to aid victims but to punish at-fault parties. Although victims receive punitive damages as part of their compensation, similar to economic and non-economic damages, and have the freedom to use that compensation as they see fit, punitive damages aim to set an example to others, discouraging them from committing the same negligent acts as the at-fault parties.

Punitive Damages Are Only Awarded At Trial

If medical malpractice cases are settled out of court, victims won’t receive punitive damages as they are only awarded by judges or juries in trials. Experienced lawyers can predict if punitive damages may be awarded at trial, and they are appropriate when medical providers or clinics are highly negligent and cause serious injuries or illnesses. Examples of such negligence include operating on the wrong body part or failing to diagnose a disease that progresses and becomes life-threatening. If lawyers can demonstrate how and why extreme negligence played a role in severe injuries, victims may receive punitive damages, and in some cases, lawyers may even argue for them at trial.

If you feel that any medical professional has injured you or a loved one, contact Medical Malpractice Lawyers of Texas at (888) 508-3558 to discuss your case in a free phone consultation.

Contact Us For Help If You Have Been A Victim Of A Medical Malpractice

If you or a loved one has been a victim of medical malpractice in Texas, we are here to help. Our experienced team of medical malpractice lawyers understands the devastating physical, emotional, and financial impact that medical negligence can have on your life. We are dedicated to fighting for your rights and getting you the compensation you deserve.

With years of experience handling medical malpractice cases in Texas, we have the expertise and resources to navigate the complex legal system and build a strong case on your behalf. We work with medical experts to ensure that we fully understand the extent of your injuries and can accurately assess the damages you are entitled to.

Our firm handles a wide variety of medical malpractice cases, including misdiagnosis, surgical errors, birth injuries, and wrongful death. We are committed to providing you with personalized attention and guidance throughout the entire legal process, from the initial consultation to the resolution of your case.

Don’t suffer alone. Contact our Texas medical malpractice lawyers today for a free consultation and take the first step towards getting the justice you deserve. Contact Medical Malpractice Lawyers of Texas right away at (888) 508-3558 to speak with one of our team of knowledgeable medical malpractice lawyers about your case.

The Time to Act is Now 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 508-3558

Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements, are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.