What type of damages can be awarded in a medical malpractice lawsuit?
In Virginia, damages that can be awarded in a medical malpractice lawsuit include both economic and non-economic damages. Economic damages are those that attempt to monetarily compensate a person for their physical, financial, and emotional losses, such as medical costs, lost wages from taking time off work to seek medical care, and unpaid medical bills. Non-economic damages are those that attempt to compensate a person for the physical and emotional harm they have experienced due to the medical malpractice. These damages can include pain and suffering, disability, loss of enjoyment of life, and disfigurement. In certain cases, the court may also award punitive damages. Punitive damages are awarded to the plaintiff in addition to the economic or non-economic damages, and are usually calculated in a much higher amount to punish the defendant for the medical malpractice. This type of award is not necessarily intended to compensate the plaintiff, but is instead meant to deter the defendant and the medical profession in general from committing similar acts of malpractice in the future. In all cases, the total amount awarded in a medical malpractice lawsuit is determined by the severity of the medical malpractice in question and the amount of economic and non-economic losses the plaintiff sustained.
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