What are the elements of damages in a medical malpractice claim?
When someone is injured or harmed due to medical malpractice, they may be entitled to recover damages in a legal claim. In California, these damages can be divided into two categories: economic and non-economic. Economic damages are those with a fixed monetary value, such as medical bills, lost wages, and the costs of rehabilitating or retraining for a different job. These are intended to make up for the tangible losses someone has experienced as a result of being the victim of medical malpractice. Non-economic damages compensate for the intangible effects of medical malpractice, such as physical pain and suffering, mental anguish, and emotional distress. These damages are intended to address the physical and psychological costs of the malpractice, and may be awarded in addition to economic damages. In California, punitive damages may also be available in some medical malpractice cases. These damages are intended to punish the wrongdoer, and may be awarded in addition to economic and non-economic damages. In short, when a person is injured or harmed due to medical malpractice in California, they may be able to recover damages for their economic losses, pain and suffering, emotional distress, and even punitive damages.
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