Punitive Damages in Medical Malpractice Cases

Not all patients who file medical malpractice lawsuits are successful in their goal of being compensated by the health care provider in the proper amount that they want. The reasons are not all those who file complaints are able to prove negligence on the part of the doctor, nurse or health care facility and the courts limit the amount of damages awarded to malpractice victims. Courts are very meticulous when it comes to analyzing evidence and they require the presentation of strong and concrete evidence for every case they handle.

What happens then to patients who feel they were deprived of their right to safe and proper health care? The court can grant punitive damages which are non economic in nature apart from the compensatory damages award. However, these are only allowed in cases where the plaintiff can provide clear proof of misconduct by the health care provider involved. In other words, the plaintiff needs to establish that there was indeed an intention to cause harm or the defendant was reckless in its duty to provide safety to patients.

Lawyer Malpractice

If you're a patient who felt neglected while undergoing treatment in a hospital or were not given the proper medical care you were seeking during an emergency, you can consult a medical malpractice lawyer to help you understand this matter. An attorney whose specialization is in handling medical cases will be able to assist you in the legal process should you decide to file a lawsuit.

Punitive Damages in Medical Malpractice Cases

The goal of punitive damages is mainly to encourage reform notably in the behavior of the defendant and prevent the occurrence of the same mistake in the future. No monetary compensation will be granted in this case unlike those seeking compensatory damages.

Additionally, the court may decide to carry out punitive damages in cases where compensatory damages may not be a sufficient solution to the misconduct done by the defendant and to the personal injury suffered by the plaintiff. Courts can punish the health provider to discourage the repeat of the same misbehavior and this can be done through the granting of punitive damages.

Laws governing punitive damages vary from one state to another. States that allow this type of damages in medical malpractice cases usually set a limit to the amount of claims that can be awarded. Many states also set a high standard for the granting of punitive damages.

Florida is one state that has a comprehensive medical malpractice bill in place. The bill provides for the implementation of reform measures such as requiring hospitals and physicians to adopt patient safety plans and inform patients when they are injured, allowing insurance firms to study malpractice cases and offer settlements, allowing the state to suspend the license of doctors who fail to pay damage awards within 30 days and requiring doctors, hospitals and insurers to provide the state with information on premium rates, medical errors and malpractice cases.

If you or a loved one becomes a victim of malpractice, the first step to take is to consult with a reputable lawyer. Cooperation and constant communication are vital to be able to file the necessary lawsuit within the allowable statute of limitations.

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For information on medical malpractice attorneys, visit Gallagher Law Firm, Louisiana lawyers and attorneys who specialize in personal injury, car and truck accidents, divorce, maritime law and more.

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Possible Damages Paid in a Medical Malpractice Lawsuit

What type of lawsuit could be more psychologically devastating than a medical malpractice lawsuit? We literally put our lives in the hands of doctors and physicians. We trust them to know what they're doing and to make the right, most responsible decisions. For many of us, the idea that they may be negligent or make a mistake never even crosses our mind when going under the knife or taking their professional word as gold. That's why when they let us down it can be such a psychologically damaging situation -- not to mention the physical consequences of their mistakes. But what can we really do about it?

Well, it really depends on the nature of the incident, but there are variety of different damages that can be pursued in a medical malpractice suit. Of course the first to do is talk with an attorney, but to give you a basic idea of the process, let's talk about the damages that you may pursue.

In the vast majority of cases, this type of lawsuit is considered compensatory. This means that any rewards given will be measured by the damages received. That means medical costs due to the malpractice, rehabilitation costs, money paid for personal assistance, painkillers and/or prescription drugs, or even compensation attributed to loss of income from time off work.

However, as mentioned before, medical malpractice brings into play a psychological aspect. And for that reason, even compensatory cases can include another element. This element includes financial compensation for the less apparent side effects of the incident. This is usually the case when the more critical injuries and disfigurements occur and may cover everything from relationship problems, psychological affects, or loss of life satisfaction. These are the kind of things that are hard to put a number on, but most people would agree that receiving some kind of compensation for this type of suffering is better than nothing at all.

What about when medical malpractice results in death? You can be sure that in a case like this a medical malpractice lawyer will do what they can to get even further compensation. This includes for funeral costs, medical costs left to the family as a result, loss of income that puts a strain on the family, and the pain and suffering of family members forced to go on without their loved one.

But there is also a chance that a case will be even more complex than that -- and that is when a doctor is believed to have intentionally caused personal damage to the patient. This is, of course, the most difficult to prove, but it is all the more important to pursue action when damage occurs in these cases based more on maliciousness than negligence. It is important to make sure that others do not end up being victimized in the future. The damages pursued in a case like this are called punitive damages, and the burden of evidence is pretty high.

If you or one of your loved ones have been unfairly victimized in a Milwaukee hospital or treatment center, whether intentional or unintentional, and feel it's time to seek the services of a competent Milwaukee medical malpractice lawyer, go to http://www.warshafsky.com/practice-areas/medical-malpractice/.

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