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

In Tennessee, victims of medical malpractice are usually entitled to three types of damages: compensatory, punitive, and pain and suffering. Compensatory damages are available to cover actual expenses associated with the injury, such as medical bills, lost wages, or out-of-pocket costs. Punitive damages are awarded to punish the wrongdoer and deter similar bad actions in the future. Lastly, pain and suffering damages reimburse victims for their emotional trauma and physical pain sustained as a result of the malpractice. Pain and suffering damages can be awarded for physical pain and soreness, emotional distress, loss of companionship, and loss of the enjoyment of life. It is important to note that there are certain restrictions on the amount of damages that a medical malpractice victim can recover in Tennessee. The total amount of compensatory damages, including lost wages and medical expenses, is limited to one million dollars. The amount of punitive damages recovered is limited to two times the total compensatory damages or two hundred fifty thousand dollars, whichever is greater. Finally, the amount of pain and suffering damages is limited to three-hundred seventy-five thousand dollars.

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