There are several key elements to a medical malpractice lawsuit. It can be difficult to determine the validity of a medical malpractice case without the aid of a medical malpractice attorney. Hospitals, doctors and nurses must perform their duties with care. When they provide negligent medical service resulting in the injury or death of a patient, that patient or the patient’s survivors have the right to sue for damages.
There are two types of medical malpractice damages that are applicable in a medical malpractice case, actual damages and punitive damages.
- Actual damages – refers to the cost of additional treatment, loss of wages, loss of future wages, and pain and suffering.
- Punitive damages – refers to damages awarded when medical malpractice is the result of reckless or willful behavior on the part of the physician.
