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Damages in Mission Viejo Medical Malpractice Cases
Many people are familiar with medical malpractice cases, but may not be certain exactly what types of compensation can be awarded in these cases. This can be a very important question to answer, given that victims of malpractice may experience not only large medical bills, but also face lost wages, emotional suffering, and many other costs in a particularly vulnerable time.
In recognition of the multifaceted nature of damages sustained through medical malpractice, courts can award compensation for a variety of different circumstances. If you were harmed by a doctor or health care providerās negligence or wrongful action in Orange County, California, a skilled Mission Viejo malpractice lawyer can help review the facts of your case and determine what types of compensation are available to you.
The Range of Potential Malpractice Damages
Damages in a medical malpractice case in Mission Viejo can generally be divided into three basic categories.
Economic Damages
Included in this category are all types of monetary losses, including lost wages, medical expenses, and reduced future earnings. For example, a personās additional medical bills due to a misdiagnosis would be considered a type of economic damage.
Non-Economic Damages
This group includes non-monetary losses such as emotional distress, loss of consortium, and pain and suffering. A patient who experiences substantial physical pain that was beyond the scope of a surgery and the result of medical malpractice would likely be able to raise a compelling argument for non-economic damages.
Punitive Damages
Damages in this category are designed to penalize an individual and prevent that person from committing any further intentional or reckless activities that could harm others. In cases of medical malpractice, punitive damages are only awarded when a medical provider performs a particularly grievous error that resulted in the patient being harmed.
Caps for Medical Malpractice Damages in Mission Viejo
The state of California places some precise limitations on the amount of damages that an injured person can seek in a medical malpractice case.
First, it is important to understand that California does not place any limitations on economic damagesāalso referred to as compensatory damagesābecause they are designed to make up for expenses paid by a malpractice victim. Similarly, the state of California does not place restrictions on punitive damages.
However, California law places a limitation of $250,000 on non-economic damages. This means medical malpractice victims in Mission Viejo cannot obtain greater than this amount from a medical malpractice case to compensate for non-qualitative damages such as pain and suffering.
Maximize Damages Received
After suffering medical malpractice, many people experience substantial difficulty in returning to the quality of their old life. Some individuals find it impossible to ever return to how their life was prior to their faulty procedure. While money cannot fix these issues on its own, the philosophical purpose of legal damages is to provide some measure of help and closure to people who are harmed by medical malpractice.
To make sure you can receive the compensation you deserve, obtain the assistance of an experienced Mission Viejo medical malpractice lawyer. With professional help, you may be able to design a strong legal strategy to demonstrate your damages in court and fight for compensation.