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Medical Malpractice Damages
There are two types of damages available in medical malpractice cases, compensatory damages and punitive damages.
Compensatory damages are designed to, in a word, compensate. To the extent possible, these types of damages are meant to make the person as "whole" as possible. Generally, these damages can be broken up into two sub-categories, actual damages and general damages. Actual damages seek to reimburse a plaintiff for financial losses sustained. Actual damages typically include:
Damages are also available in cases where the plaintiff is able to prove that he or she was not provided with proper informed consent.
Punitive damages may be awarded in certain cases. Punitive damages are not based on actual injuries sustained. Rather, they are a way to punish the defendant for intentional or grossly negligent conduct. It is fairly uncommon to see punitive damages in a medical malpractice case. However, it is not unprecedented.
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