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Rhode Island Medical Malpractice Damages

This Medical Malpractice Article was authored byJoseph Devine. This Medical Malpractice Article was reviewed by RI Personal Injury Attorney, David Slepkow 401-437-1100:

When an individual is harmed in some way by a negligent medical professional or medical facility, they may choose to file a medical malpractice lawsuit seeking damages for their pain and suffering. In the legal world, the term “damages” refers to payments made to the victim as compensation for the injuries or other losses they may have suffered at the fault of the responsible party. In medical malpractice cases, this means that the doctor, nurse, or medical institution would be making damages payments to the victimized patient.

In general, there are two primary types of damages that may be required to be paid in the event that the case is settled in the patient’s favor:

First, compensatory damages are payments made to compensate the victim for the actual costs or other quantifiable losses caused by the responsible party. In instances of medical malpractice, they can include compensation for hospital bills, necessary medication, rehabilitation, tests, or other medical procedures. All of the compensatory payments of a case will go to the plaintiff. Compensatory damages may also be called actual damages in some instances.

Punitive damages, on the other hand, are payments required of the defendant in order to deter them from partaking in similar or otherwise negligent behavior in the future. While not paid as direct compensation to the patient in a malpractice suit, they will still benefit by receiving some, or often all, of the punitive damages. Not all cases will require the payment of punitive damages, which are generally reserved for more extreme cases.

If a maximum amount that a defendant can be forced to pay as damages is defined, that value is referred to as the “damage cap.” A damage cap is not present in all instances, though, and in the United States of America, there is no maximum dollar amount for punitive damages.

Though monetary compensation may not be able to help a victim fully recover from the suffering caused by an instance of medical malpractice, the idea is that payment of damages can at least help make the entire process a little easier. For example, removing the stresses of hospital bill payments and other monetary burdens can at least make missing work due to injury a less catastrophic event.

For more information about medical malpractice lawsuits and compensation in the form of payment of damages, visit the website of Philadelphia medical malpractice lawyers Lowenthal & Abrams, P.C.

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Legal Notice per Rules of Professional Responsibility: The Rhode Island Supreme Court licenses all lawyers and attorneys in the general practice of law, but does not license or certify any lawyer / attorney as an expert or specialist in any field of practice. While this firm maintains joint responsibility, most cases of this type are referred to other attorneys for principle responsibility.

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