What are Damages?
If you have been a victim of medical malpractice, then you may have a right to claim damages from the responsible party. In tort law, “damages” refers to compensation allotted to the plaintiff after that person has made a successful case against another party. Typically, compensatory, or actual, damages are awarded to the victims in these cases because they have suffered injury as well as unnecessary loss of funds to further medical attention.
Case Elements
A medical malpractice case cannot exist without a claim for damages. These cases are based on medical negligence, and therefore the following four elements need to be present for the plaintiff to make a successful tort claim:
- The offender owed some sort of legal duty to the victim
- The owed duty was breached
- The victim sustained injury, illness, or some other sort of harm from the breach of duty
- The victim sustained losses which may be compensated in the form of damages
When these four aspects present, the plaintiff may make a successful claim.
Compensatory and Punitive Damages
Compensatory and punitive damages are generally the types of compensation that a victim in a medical malpractice case will claim. Compensatory damages refer to money awarded to the plaintiff in order to make up for the loss or injury sustained. Punitive damages are awarded to the plaintiff not as a compensation measure, but rather as a form of punishment against the negligent party. They are used as a deterrent against having the offender make the same mistake again.
Contact Us
If you or someone you love has been injured by some sort of medical negligence, then you may very well have a right to claim damages from the responsible party. Contact the Pennsylvania medical malpractice lawyers of Lowenthal & Abrams, P.C. today at 610-667-7511 to speak with one of our qualified attorneys about your situation.