What damages can be recovered in a medical malpractice claim?

In Washington, a person who has been injured due to medical malpractice may be able to recover damages in a claim. Generally, damages for medical malpractice are divided into two categories: compensatory damages and punitive damages. Compensatory damages are intended to make the injured person “whole” again, or as close to it as possible. These damages can cover medical bills, past and future lost wages, diminished earning capacity, physical and mental pain and suffering, and loss of consortium. Punitive damages are designed to punish the wrong-doer and to prevent future wrongful conduct. Punitive damages are generally awarded if the care provider’s actions are particularly malicious, intentional, or reckless, or if the care provider has committed past medical negligence. The amount of punitive damages which may be awarded depends on the facts of the case and the severity of the injury. In addition, the injured person may receive a settlement for the claim in order to avoid trial and to allow the two parties to come to a mutual agreement. The injured person’s lawyer can help to negotiate the best possible settlement amount. It is important to note that damages resulting from medical malpractice claims may vary by case, depending on the facts of the case and its effects on each individual. It is important to speak with a lawyer to understand all of the potential damages that may be recovered in a medical malpractice lawsuit.

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