This will depend on a combination of objective and subjective factors. Most damages in medical malpractice cases are compensatory damages, which means that they are intended to reimburse the patient for the financial, physical, and emotional consequences of the malpractice. Economic damages (also known as special damages) cover items such as medical costs, lost income, the costs of future treatment, and other losses that are relatively objective. Non-economic damages (also known as general damages) cover the subjective pain and suffering of the patient, as well as other types of harm that are challenging to quantify. Someone who suffered a permanent disability or loss of function is likely to recover a higher award of damages. A patient who can prove that the defendant acted intentionally or in another egregious manner may be able to receive punitive damages as well.
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