What type of damages are available in a medical malpractice claim?

In North Carolina, there are two types of damages available in a medical malpractice claim: compensatory and punitive. Compensatory damages are the monetary awards given to a plaintiff (the person filing the lawsuit) to repay them for their losses due to the medical malpractice. These may include economic damages such as hospital bills, lost wages, or reduced earning capacity, as well as non-economic damages such as pain, suffering, and emotional distress. Punitive damages, however, are not meant to reimburse the plaintiff, but rather to punish the defendant for their negligent behavior. Punitive damages are often awarded in cases where the defendant showed reckless disregard for the safety of the plaintiff or was fully aware of their actions and still acted negligently. In North Carolina, there are also caps in place that limit the amount of damages a plaintiff can be awarded in a medical malpractice claim. These caps are often determined by the severity of the injury, the amount of medical bills incurred, and the type of medical professional involved in the malpractice. However, these caps are subject to change and vary by state, so it is important to research the specific laws in North Carolina before filing a medical malpractice claim.

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