PUNITIVE DAMAGES IN MEDICAL MALPRACTICE CASES

PUNITIVE DAMAGES IN MEDICAL MALPRACTICE CASES

The complainant of a medical malpractice case will suffer from lots of things because of the malpractice by the doctor. They may lose the enjoyment of life, both mental and physical pain will be suffered by the accuser, and also they may lose the future earning capacity. There are lots of instances where the life of a victim of malpractice can change forever. There is a classification of damages in malpractice cases; one of which, is punitive damages. It can be presented to the judge if there is an evidence of reckless behavior or actions that result from malpractice. An example of punitive damage is if the doctor performs an operation on the patient, and the doctor leaves surgical equipment inside the body of the patient and requires a second operation just to remove the surgical equipment left inside. The judge will be the one to make decision of the exact amount of punitive damages.

The doctor or nurse

In practicing of medicine in usually understood to be the science of healing and preventing disease, so the doctors and nurses are the ones who give help and assistance to patients. If a doctor or nurse commits some error or malpractice it can frighten the patient and may lead to mistrust of the medical profession. It is clear that the doctor or nurse was only trying to help the patient, even if the result was fail to conform the standard care. Punitive damages are not often awarded in a medical malpractice case. In spite of the fact that punitive damages are not often awarded, they are still frequently pursued in medical malpractice cases at the pleading stage.

PUNITIVE DAMAGES IN MEDICAL MALPRACTICE CASES

There are other categories of damages in medical malpractice case, the other one is the general damages. Also visit our top article here for more information here.  General damages are based on the patient’s cost of suffering, just like the patient has a trauma of what happened to them, the patient don’t have the capability to earn more for their future, and also the patient doesn’t have any chance to enjoy life anymore. The attorney of the complainant will gather evidence to prove that the complainant is suffering from some kind of trauma, is not happy anymore on their life, and so on. The other category of damages in medical malpractice is special damages. All the expenses caused by the medical malpractice are covered in special damages, including the medical bills and other expenses. In the end if you need to know more you should visit this link:http://www.alllaw.com/articles/nolo/medical-malpractice/punitive-damages.html here. The same with general damages, the attorney or the complainant needs to provide important documents like the medical bill; it needs to be a certified copy. Medical malpractice cases are a long and slow process to settle, it will spend lots of time and money. Both sides need to gather evidence to prove that the accuse is innocent and the accuser will prove that the accuse is guilty. The judge will be the one to make a decision if the exact amount of damages is punitive, it might need lots of consideration and study are it will result a good decision base on the evidence given both sides.