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This can vary by state and it also depends on whether the person who was injured by the malpractice is still living or has passed away due to the malpractice.  In Virginia, for example, if the patient is still living they may be entitled to recover their past and future medical expenses, past and future lost wages, a sum for pain and suffering and disfigurement, and a sum for inconvenience and other intangible damages.  Also, if the patient dies as a result of the malpractice, he or she has no claim; however, the beneficiaries of the estate may recover damages under Virginia’s Wrongful Death Act.  Typically they will be able to recover for their own grief and loss of financial support.

Each case is different and each state is different.  You should contact an experienced medical malpractice attorney in your area to find out what damages may be recovered for your potential case.

Ben Glass
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Ben Glass is a nationally recognized car accident and ERISA disability attorney in Fairfax, VA.