What
Damages May I Recover in a Medical Malpractice
Case?
There are several types
of damages allowed to be recovered by
successful patients in a medical malpractice
case. These damages can be broken down
into two main categories: (i) General
damages, and (ii) Special damages.
General damages are those damages which
are non pecuniary or do not represent out of pocket expenses.
Pain and suffering, mental anguish, disability, disfigurement,
scarring and loss of love and affection represent the
major areas of general damages. Although Texas law allows
the recovery of these items of damages, it places a ceiling
or cap on these damages in medical malpractice cases.
This means that even if the patient proves
to a judge or jury that he has endured pain and suffering
and mental anguish worth millions of dollars, any award
rendered by a judge or jury must be reduced to the cap
plus interest.
Special damages include pecuniary or out
of pocket losses like past medical expenses, future medical
expenses, past lost wages, future lost wages, and custodial
care. Lost wages are not included in Texas' cap on damages.
Texas law also allows for the recovery of
punitive damages, or damages designed to punish a defendant
under limited circumstances. Texas also places a cap on
the recovery of punitive damages.
In Texas, the recovery of future medical
expenses are handled as they are in most jurisidctions.
The plaintiff puts on evidence of his expected future
medical expenses and the jury will make an award for what
they feel the plaintiff's future medical expense will
be. The plaintiff then collects that um (as well as his
other damages) from the defendant.
The obvious advantage of payment of damages
in a lump sum is the ability to invest the lump sum or
create a medical trust fund to make sure that good care
is provided to the patient for the rest of his life. Moreover,
if the plaintiff dies after being awarded those monies
in a lump sum, his heirs will inherit that money.
