What types of damages can be recovered in a medical device injury case?
In California, a person who is injured as a result of a medical device may be entitled to damages. These damages may include compensation for medical expenses, wages lost due to the injury, pain and suffering, and emotional distress. Medical expenses can include the cost of treatment, any medications required, the cost of any medical tests or procedures, and any medical equipment needed as a result of the injury. Wages lost due to the medical device injury can be recovered by filing a claim for lost wages or for lost earning capacity. Pain and suffering covers physical pain and emotional suffering caused by the injury, while emotional distress covers mental anguish, shock, fear, and other forms of emotional distress incurred due to the injury. In some cases, punitive damages may also be awarded if the person responsible for the medical device injury acted with malicious intent or gross negligence. Punitive damages are intended to punish and deter the wrongdoer from engaging in similar conduct in the future. The amount of damages each person is entitled to varies depending on the specifics of the case. It is important to speak with an experienced medical device injury lawyer in California to get an accurate and complete assessment of the damages that may be recovered.
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