What Damages Can You Pursue?
When most medical malpractice victims call our office, they don’t know what damages they can pursue. What they do know is that they suffered while under the care of their doctor or were injured while in the hospital. The cases we hear about range from misdiagnosed cancer to prescription errors. Unfortunately, we have seen and heard a lot of bad circumstances faced by patients.
If you are thinking about filing a Virginia medical malpractice claim, you need to understand the difference between the monetary damages you can recover. These damages fall into two categories – compensatory and punitive. Below is a brief description of each.
- Compensatory damages: These are regular damages you can get in just about any personal injury lawsuit. They are designed to make you whole. For example, they would include past and future lost wages, past and future medical bills, pain and suffering, scarring and inconvenience.
- Punitive damages: These damages are rare in Virginia. They are supposed to “punish” the defendant for their conduct. Also, punitive damages are meant to deter others from engaging in the same type of activity. The limit in Virginia for punitive damages is $350,000.
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