Medical litigation: What types of damages can be recovered?

Medical Litigation: What Types of Damages Can Be Recovered?

The primary purpose of pursuing a medical malpractice case is for the plaintiff to receive compensation or damages for the harm done to them by medical malpractice.

If you’re considering filing a medical malpractice lawsuit, you may wonder what type of damages can be recovered by a malpractice lawsuit. These are some of the most common types of damages that can be recovered:

  • General damages
  • Income loss
  • Past and future care costs
  • Punitive damages

At Sommers Roth and Elamleh, our medical litigation lawyers can provide you with more information about each type of damage and what kind of compensation you may be able to receive from a successful lawsuit.

General Damages

General damages are sometimes referred to as “pain and suffering” damages. They are awarded to a plaintiff in recognition of pain or suffering they have gone through (or will go through in the future) due to medical malpractice.

General damages also include “loss of enjoyment of life.” This is meant to recognize what the plaintiff will no longer be able to do or enjoy due to medical malpractice – such as playing with their children or enjoying a favourite hobby.

To determine the amount of general damages awarded, a court will consider both the physical and psychological injuries suffered by the plaintiff. Medical litigation lawyers will work hard to establish causation between a doctor’s negligence and their client’s injuries.

Income Loss

Another type of damages medical litigation lawyers can fight for is income loss. A plaintiff may be eligible for income loss damages if they can no longer work or are limited in how much they can work due to medical malpractice. The amount of damages a plaintiff will be eligible for is based on their potential income if they had not been injured.

Medical litigation lawyers can recover income loss damages even if the claim involves a child. If, for example, a medical litigation lawyer is fighting a birth injury case, they can ask for income loss damages because the injured child may never be able to work.

Past and Future Care Costs

Another significant type of damages that medical litigation lawyers can ask for is past and future care cost damages. Often, medical malpractice can result in a plaintiff and their family having to take on additional costs such as:

  • Home modifications, including wheelchair access. Modification can involve having to install a ramp outside, modifying bathrooms and bedrooms, and even installing an elevator.
  • Medical costs not covered by private insurance or provincial insurance. This can include private nursing care, appointments with specialists, medication costs, mobility aids, such as a walker or a wheelchair, and other medical equipment and supplies.
  • Other costs include modified vehicles, travel, parking, toileting and hygiene systems, adaptive clothing, and assistive technology.

Medical litigation lawyers can work with experts to help strengthen a plaintiff’s case and explain to the court why these costs should be covered as part of the damages awarded for a lawsuit.

Punitive Damages

Punitive damages differ from general damages as they are not meant to compensate the plaintiff; instead, they are designed to punish the defendant (for example, a hospital or medical professional) for their negligent behaviour.

The goal of punitive damages is to set an example for other medical professionals, hospitals, etc., so they can see the consequences of negligent behaviour. Punitive damages are not always awarded. They are usually only awarded in cases where the amount of general and aggravated damages is considered relatively low.

Our Medical Litigation Lawyers Can Help You Fight Your Medical Malpractice Case

Are you considering filing a medical malpractice lawsuit? If you plan to do so, the best way to ensure a successful case and the maximum amount of damages is with the aid of medical litigation lawyers.

When you speak to one of our medical litigation lawyers, they can explain the different types of medical malpractice our firm is familiar with. Medical malpractice can take a variety of different forms, including misdiagnosis, unnecessary surgery, improper medication dosage, and ignoring lab results. It can also include issues associated with pregnancy and birth, such as a child being born with undetected spina bifida or birth trauma.

Our experienced medical litigation lawyers will discuss your case details to understand your situation better. If we feel you have a strong case, we can explain the following steps to you and what kind of damages you may be eligible for.

Your consultation with us is completely confidential and free of charge. We only charge you a fee if we win your case, which is taken from the damages you’re awarded.

There Are Several Types of Damages You Can Be Awarded As Part of a Medical Malpractice Case

With a successful medical malpractice case, you can be awarded several different types of damages, including damages for pain and suffering, lost income, and past and future care costs.

Your best chance of winning a medical malpractice case is with the help of a medical litigation lawyer. At Sommers Roth and Elmaleh, our experienced medical litigation lawyers have won cases with millions of dollars in damages for our clients.

If you’ve been the victim of medical malpractice, you deserve compensation – and our medical litigation lawyers can help you get it!

Contact Us to Learn More About How Our Medical Litigation Lawyers Can Help You

We want to help you with your medical malpractice case! Call us at 1-844-940-2386 or contact us online to learn more about engaging a medical litigation lawyer from Sommers Roth and Elmaleh.

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    If you have been affected by medical malpractice anywhere in Canada contact us for a free consultation.
    You pay us nothing unless we win.


    A lawyer from Sommers Roth & Elmaleh will be in touch with you as soon as possible. Please note that no lawyer-client, advisory, or fiduciary relationship is created by your inquiry. All information provided is confidential.

    The above information is not legal advice. Past results of cases and recoveries by our medical malpractice lawyers against hospitals, doctors, midwives, nurses and other healthcare professionals are not necessarily indicative of future results. The amounts recovered and other litigation outcomes will vary according to the facts in individual cases.