What damages can be recovered in a medical malpractice claim?

In Texas, damages that can be recovered in a medical malpractice claim include compensation for physical, mental, and emotional pain and suffering associated with the injury; medical expenses related to the injury; lost wages or loss of earning capacity; compensation for disfigurement or dismemberment; and punitive damages, depending on the specifics of the claim. Physical damages refer to damages awarded for physical injuries sustained because of the medical malpractice, such as broken bones, burns, or other physical trauma. Medical expenses refer to the associated costs of medical treatment and necessary therapies for the injury, such as physical therapy, medications, or medical equipment. Lost wages refer to the income lost by the victim while seeking medical treatment, and also the wages that the victim would have earned if not for the injury. Loss of earning capacity could be awarded in cases where the injury prevents the victim from ever earning the same amount of income that they had before the malpractice. Disfigurement and dismemberment refer to the permanent and serious physical damage to the victim’s body, such as scarring, amputation, or paralysis. Punitive damages, in Texas, may be awarded when a defendant’s behavior is recklessly irresponsible, so that the court wants to punish the defendant and discourage similar behavior in the future.

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What damages can be recovered in a medical malpractice claim?

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