Law Offices of Martin Palmer & Associates

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Law Offices of Martin Palmer & Associates

Medical Malpractice Damages

There are two types of medical malpractice damages available in medical malpractice lawsuits in Maryland: compensatory damages and punitive damages.

Compensatory 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:

  • Medical and hospitalization bills incurred to treat your injuries
  • Wages lost due to work missed while you recuperate
  • Costs of household or nursing help during recovery, including costs of wheelchair or crutches required

Malpractice victims can also sue for general damages in addition to actual damages. General damages include the things that can’t be precisely documented in dollars spent, including

  • Pain and suffering endured due to injuries and any subsequent mental anguish
  • Disfigurement
  • Value of medical expenses you are likely to incur in the future
  • Value of wages you are likely to lose in the future
  • Loss of consortium (benefits of a relationship)
  • Loss of normal life

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

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.

More Information

  • Amount of Damages
  • Factors Affecting Amount of Damages Awarded
  • Types of Compensatory Damages
  • Types of Damages
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Law Offices of
Martin Palmer & Associates

21 Summit Avenue
Hagerstown, MD 21740

Phone: 301-790-0640
Toll Free: 1-800-255-0640

About Us

Mr. Martin Palmer is a nationally known trial attorney. He has served the communities throughout Western Maryland since 1976. Martin Palmer was admitted to practice before the US Supreme Court in October 1977.

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