What type of damages are available for medical malpractice?

In Virginia, damages available in a medical malpractice case vary depending on the particular circumstances. Generally, however, a victim of medical malpractice is entitled to receive compensation for economic damages, such as medical bills, lost wages, and other costs associated with the malpractice. Additionally, individuals may be eligible to receive non-economic damages, such as pain and suffering, mental anguish, and loss of consortium. These damages are intended to compensate individuals for the mental and emotional injuries they suffer due to medical negligence. In Virginia, a victim of medical malpractice may also receive punitive damages if a medical practitioner’s conduct was particularly egregious or intentional. These damages are intended to punish the defendant for their actions and deter similar conduct in the future. Punitive damages are not awarded in all medical malpractice cases, and there are caps on the amount of damages that can be sought for punitive damages. Lastly, Virginia recognizes the doctrine of “loss of chance” in medical malpractice cases. Sometimes medical negligence can take away a patient’s opportunity of a better outcome or treatment. Under this doctrine, individuals may be eligible for compensation for the chance they lost due to negligence. In conclusion, while the exact damages available in medical malpractice cases vary depending on the specifics of each case, victims of medical malpractice in Virginia may be able to receive economic, non-economic, and possibly punitive damages or damages for lost chance.

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