If a doctor or medical practitioner caused you an injury or made an existing condition worse, you could be entitled to recover medical malpractice damages.
If you are considering a legal claim, you might wonder about the types of damages you can pursue and what your claim value might be.
The most reliable way to determine these answers is to speak to a personal injury attorney who has in-depth knowledge and experience with medical negligence cases.
In New Mexico, contact one of the experienced medical malpractice attorneys of Poulos & Coates, LLP.
Our team of compassionate lawyers focuses exclusively on medical malpractice cases.
We have more than seven decades of experience, and we know how to get the job done for you.
We serve clients in Las Cruces and throughout New Mexico.
To learn more about the types of medical malpractice damages you might be entitled to, contact us today for a free consultation.
What Are The Types of Damages for Medical Malpractice?
There are two main categories of damages: Compensatory damages or punitive damages.
1. Compensatory Damages
The first type of medical negligence compensation you might be entitled to be compensatory damages.
This type of award is designed to provide justice and compensate you for your actual damages.
Compensatory damages are generally divided into two categories: general and special.
Special Damages (Economic Damages) for Medical Malpractice
These are awarded for the purpose of replacing what the victim actually lost.
This might include any actual cost you paid or expense you incurred, such as medical treatment bills, lost earnings, or other out-of-pocket expenses such as improvements you were forced to make to your home (i.e. wheelchair ramps) as a result of the malpractice.
General Damages (Non-Economic Damages) for Medical Malpractice
These are awarded to compensate the victim for their intangible damages.
This might include pain and suffering, emotional distress, loss of enjoyment of life, diminished earning capacity, etc.
In most cases, attorneys pursue both special and general damages. However, talking to an attorney is the best way to determine the type and amount of compensatory damages to which you might be entitled.
2. Punitive Damages for Medical Malpractice
All legal claims for medical malpractice involved compensatory damages. Some cases also include non-compensatory damages, also known as punitive damages. Compensatory damages are awarded to compensate the victim for their losses.
Punitive damages are awarded to punish the at-fault doctor or medical practitioner.
Punitive damages for medical malpractice are typically awarded only for the most egregious conduct, such as gross negligence, malice, intent to harm, fraud, etc.
If you hope to recover punitive damages in your case, make sure you consult an experienced medical malpractice attorney.
It is possible to recover non-compensatory damages. However, it takes in-depth knowledge and a network of resources to document this type of medical negligence compensation.
How to Determine the Value of Your Medical Malpractice Damages
Although it isn’t possible to estimate the potential value of your claim without having all the details, you could be entitled to some or all of the following.
- Past and future medical care and treatment costs,
- Past and future lost income and benefits,
- Past and future pain and suffering,
- Past and future emotional trauma, and
- Past and future loss of enjoyment of life.
Talk to an experienced malpractice lawyer to get a more accurate estimate of what your compensatory damages might be worth.
Talk to a Medical Malpractice Lawyer in New Mexico for Help
As soon as possible after any type of personal injury, it’s important to contact an experienced attorney. If you even suspect you might be the victim of medical malpractice, talking to a lawyer is even more pressing. Do not provide any statement or speak to the insurance company until you talk to an attorney.
In New Mexico, contact Poulos & Coates, LLP. Our experienced medical negligence attorneys provide aggressive, compassionate representation to malpractice victims throughout New Mexico.
We fight to get you the best possible outcome in your case, and you owe nothing unless we recover compensation on your behalf. We work tirelessly to maximize your settlement and get you the justice you deserve.
Contact us today to take advantage of the free consultation and case analysis we offer or to speak with an attorney regarding your potential New Mexico medical malpractice damages.
Greig Coates, M.D., J.D.
Over the last thirty years, Dr. Coates has successfully represented plaintiffs in every conceivable type of medical malpractice lawsuit–from single-physician cases to complex litigation involving over a dozen doctors and several hospitals. Dr. Coates has taken several thousand physician depositions in his career involving every known physician specialty and sub-specialty, and almost as many depositions involving hospital personnel such as nurses, techs, and administrators. He has tried several dozen cases to successful verdicts.
Rate this Post
Loading...