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Damages in Maryland Medical Malpractice Claims

Twenties on WhiteMedical errors can result in serious and long-term injuries to a patient. In the worst of cases, medical malpractice can even cause a death. If you or someone close to you has been harmed by a medical professional’s negligence, we can help. Our skilled Baltimore injury attorneys can thoroughly analyze the facts of your situation to determine the appropriate damages in your case.

Damages are defined as the monetary compensation that is awarded to a plaintiff who has been injured through the wrongful conduct of another party. Damages are intended to measure the extent of a plaintiff’s harm in financial terms. Damages are supposed to restore the injured party to the position in which he or she was prior to the defendant’s wrongdoing.

In Maryland, a victim of medical malpractice may be able to seek both economic and non-economic damages. Economic damages refer to compensation for objectively quantifiable monetary losses, such as medical bills, future medical costs, rehabilitation costs, loss of income, future loss of income, and property damage. Put another way, economic damages are those that can be typically calculated from documents and records. For example, to establish medical bills, you would obtain your medical records from each health care provider to show the cost of the treatment you have received. Additionally, you can ask a health care provider for a report about your future medical care, including any upcoming procedures, treatment, or therapy. Similar documentation would be required to establish lost wages and property damage.

Non-economic damages refer to compensation claimed for intangible harms, such as pain and suffering, disfigurement, and loss of lifestyle due to physical impairment or inconvenience. In 2016, the cap for non-economic damages for injury and wrongful death claims is $815,000. This limit increases to $1,222,500 in wrongful death claims if you include the cap on survival actions. The cap further increases if there are two or more claimants in a wrongful death claim. In that case, the cap is in the amount of $2,037,500.

In very rare cases, a court may award a plaintiff punitive damages. These damages are intended to punish the individual rather than compensate the plaintiff. As a result, punitive damages are typically only awarded when the defendant’s conduct was so outrageous that it could be considered egregious. Another function of punitive damages is to deter others in similar situations from engaging in that type of wrongdoing. The amount of punitive damages that a plaintiff may receive will be up to the judge or jury to decide. Typically, the amount can be three or five times as much as the compensatory damages awarded in the case, or even more.

Dealing with medical malpractice can be a long and daunting process, but you don’t have to go through it alone. At Arfaa Law Group, our Baltimore medical malpractice attorneys have the skill, competence, and experience to handle your case. We will work diligently to evaluate the facts of your case and determine whether malpractice occurred. Our team is committed to helping individuals hold medical professionals accountable for their negligent conduct. To learn more about your legal rights and options, call 410-889-1850 or contact us online.

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