If you think you have a medical malpractice case in California, you may wonder if it is even worth going to court. While many people approach this type of case as a way to ensure it does not happen to anyone else, it is also important to recoup damages for the pain, suffering and expenses that were caused by the physician’s negligence. Here is a look at how damages work in this type of case.
Medical News Today notes there are two types of damages awarded in medical malpractice cases. These are punitive and compensatory.
Punitive damages are punishments for the physician. They only occur when there was willful or malicious actions. This means the physician meant to hurt you or knew very well that you were likely to be hurt. You do not benefit directly from this type of damage, but it can help ensure the physician does not hurt anyone else.
Compensatory damages are what you hear about most often. They involve money you are paid by the physician for your suffering. They could include payment for any medical costs associated with the incident, care expenses, wages lost or other economic losses. They can also include money for suffering you endured. They include paying for expenses you have already had and for future expenses you may incur as a result of the malpractice.
Often, malpractice cases are settled, which means you and the physician come to an agreement on a payment amount. This helps to lessen the time in court and the expenses of the case. This information is for education and is not legal advice.