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There are two types of damages available in a negligence medical malpractice case, compensatory damages and punitive damages. Compensatory damages are derived from the word "compensate," meaning "to make up for" or "to make whole". Generally, these damages can be broken up into two sub-categories- actual damages and general damages. Actual damages seek to reimburse a plaintiff for out-of-pocket expenses incurred, or financial losses sustained. Actual damages typically include:
In addition to compensatory damages, punitive damages may be awarded in certain cases. Punitive damages are not based on actual injuries sustained. Rather, they are a way to punish the defendant for intentional conduct or gross negligence - behavior that is so egregious that a civil court penalty is warranted in order to deter the defendant from committing the same act again in the future. Example: Based on a true story, if a doctor delivers a woman’s baby and then makes a small incision on her torso signifying that he was responsible for her children, the woman should expect significant punitive damages to be awarded against the doctor. In more unusual cases, a patient may succeed in proving that a doctor
promised a particular result from a medical treatment or procedure and
failed to obtain the promised result. In these types of cases, it may
be possible to recover damages from the doctor for the loss of the value
of the successful treatment.
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Not Certified by the Texas Board of Legal Specialization The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an attorney for individual advice regarding your own situation.
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