What kind of damages can be recovered in a professional negligence claim?

In North Carolina, professional negligence or malpractice claims are designed to compensate a person who has been harmed by the negligent or careless act of another person or company that provides professional services. Such damages can include economic losses, such as lost wages, medical expenses, costs of any services required to rectify the harm, and damage to property. In addition, non-economic damages can be recovered as compensation for the emotional harm caused by the negligent act, such as pain and suffering, emotional distress, and loss of enjoyment of life. In certain cases, exemplary or punitive damages may also be available. Punitive damages are a form of “big stick” and are designed to punish the wrongdoer rather than to compensate the claimant. Such damages are only awarded in cases where there has been an egregious disregard for the safety and welfare of others. Under North Carolina law, a claimant can also seek what is known as “consequential damages,” which compensate a person for losses that were not expected but were directly caused by the negligent act. For example, if a doctor fails to diagnose a serious medical condition, the patient may be able to sue for consequential damages such as lost wages due to incapacitation and emotional distress resulting from the delayed diagnosis. Finally, if multiple parties are responsible for a single injury, the injured party may be able to recover damages from each defendant on a joint and several liability basis. This means that the claimant can make a claim for damages from any of the defendants, and the other defendants will only be held financially responsible for the portion of damages they are specifically liable for.

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What kind of damages can be recovered in a professional negligence claim?

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