What Damages May I Receive if I “Win” a Medical Malpractice Case?

Medical malpractice cases are known for being very complex and time consuming. Stipe Injury Law in Oklahoma City, Oklahoma has knowledgeable, experienced, and compassionate medical malpractice attorneys on staff to fight for any financial compensation you may be entitled to following a medical mistake.

One word you will often hear throughout the course of your case is “damages.” Damages, measured in financial terms, is the extent of harm a plaintiff (the injured party) has suffered because of a defendant's (the accused) actions. Damages are not the same as “costs,” which are the expenses incurred as a result of bringing a lawsuit and which the court may order the losing party to pay. Damages also differ from the verdict, which is the final decision issued by a jury.

Damages are a critical element of a medical malpractice case because the plaintiff cannot recover damages for injuries that did not result from the doctor's conduct. So the plaintiff must establish a connection or causal link between their injury and the doctor's negligence. Generally, there are two types of damages available to a plaintiff in a medical malpractice case: compensatory damages and punitive damages.

Compensatory damages include medical expenses, physical therapy, long-term medical care, lost wages, pain and suffering, etc. Punitive damages are intended to “punish” the defendant and serve as a deterrent for others who may be careless in their professional behavior. If the evidence shows that the doctor, nurse or other healthcare provider acted willfully, wantonly, maliciously, fraudulently, with bad faith or with a conscious indifference to the potential consequences, the plaintiff may be entitled to punitive damages, which are also often referred to as “exemplary” damages.

If you live in Oklahoma and have suffered due to medical malpractice, please contact an Oklahoma City medical negligence attorney at Stipe Injury Law today to schedule a confidential consultation.