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 1-844-777-7372 or contact us online to learn more about engaging a medical litigation lawyer from Sommers Roth and Elmaleh.

Disclaimer and Liability Exclusion

The information on this page is provided for general information purposes only. It should not be construed as legal advice. It does not constitute legal or other professional advice or an opinion of any kind. Readers should seek specific legal advice regarding any specific legal issues. We do not in any way guarantee or warrant the accuracy, completeness or quality of the information on this page. The posts on this page are current as of their original date of publication, but they should not be relied upon as timely, accurate or fit for any particular purpose.

Accessing or using this web site or the content herein does not create a lawyer-client relationship.

This page may contain links to third party web sites. We are unable to, and do not, monitor and guarantee the quality of the information disseminated and accessible through those links, which are provided for convenience only. We do not endorse the information contained in linked web sites nor guarantee its accuracy, timeliness or fitness for a particular purpose.

    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.

    See Our Lawyer's Reviews

    Hilt this Tamrate
    Hilt this Tamrate
    23 May 2023
    Dear Mr Hilik Y. And Jeremy Syrtash. I would like to express my deepest gratitude to you and Sommers Roth and Elmaleh Professional Corporation staff for all you have done with respect to my wife case. My wife was a victim of Medical Malpractice after giving birth to our daughter. She become legally disabled both physically and mentally. The entire family devastated emotionally as my wife struggle to cope with the new reality. The case of Medical Malpractice is quite often a complex case to prove. However, due to your strong commitment, knowledge and dedication combined with strong professionalism the case was successfully won after a long arduous fight. The victory would not have been possible without your dedication and thorough research in the implementation of the standards of the Sommers Roth and Elmaleh Professional Corporation. Justice prevailed at last which in turn allowed my vulnerable wife to feel more optimistic about her future and that of our family. The positive outcome of this case has changed our lives forever. It would not have been possible without the excellent representation of Sommers Roth and Elmaleh Professional Corporation and its legal counsel. My wife and I will be deeply grateful for the successful outcome of this case for many years to come. Solomon Regassa
    Hector Cardenas
    Hector Cardenas
    4 January 2023
    I would like to take this opportunity to express my most sincere gratitude towards Sommers Roth & Elmaleh, from the day I met with Hilik and his team, they been not only highly knowledgeable but also extremely sensitive towards me and my family, providing us with the best legal service possible. It goes without saying, that I strongly recommend them to anyone looking for a charismatic, quality and result oriented legal team.
    10 October 2022
    We deeply appreciate Sommers Roth & Elmaleh for their professional skills and hard-working through the whole process of my son’s case. I still remember the first conversation we took with Mr. Hilik Y Elmaleh in his lawyer office sixteen years ago. From then on, your dedication, patience, understanding and continuous communications kept our encouragements and expectations for my son and our family. With the case settled down, my son can receive the full financial support, continuous therapies and finishing his university course. It is no doubt to say that Sommers Roth & Elmaleh not only changed our family’s life but also did contributions to the society, because my son can grow in a happy and health way in his teenage and receive university education from this autumn. Again we hereby strongly recommend the services provided by the lawyer office Sommers Roth & Elmaleh to those who needs the similar legal consultation and support. Even the door of your family was closed by some unfortunate events, there are more windows can be opened. The lawyers in Sommers Roth & Elmaleh are exactly the people who can open the windows and convert the sun-shine again to your family: Mr. Hilik Y Elmaleh,Mr.Jeremy Syrtash, Miss Fanny Peter ...etc. Finally, we express the deepest gratitude and appreciation again to Mr. Hilik Y Elmaleh and lawyer office Sommers Roth & Elmaleh. Wish a brighter future of Sommers Roth & Elmaleh !
    Meggie Zhangkrk6hdjybfjt
    Meggie Zhangkrk6hdjybfjt
    6 October 2022
    I am so glad that my son's CP medical case was completely successful. I appreciate lawyer Hilik Elmaleh, Jeremy Syrtash, Fanny Peter and their team's hard work. They are so knowledgeable, responsible and reliable. Thanks is not enough to express my gratitude. Mr. Hilik Elmaleh deserves "The Best Lawyer in Canada" award.
    Tony Zhou
    Tony Zhou
    29 September 2022
    I would like to extend my gratitude towards Mr. Hilik Elmaleh, Jermey Syntash, and Fanny Peter for their dedication, time, effort, and knowledge invested into my case. This is honestly the best team of lawyers in Canada. I would highly recommend them for any of your cases.
    Dianne Keckes
    Dianne Keckes
    18 July 2022
    I would like to take this opportunity to thank our daughter's "Dream Team", Hilik Elmaleh, Jeremy Syrtash and Fanny Peter. The compassion, dedication, knowledge, experience and their recognition in the legal community have ensured us that we were on the right track working with the firm Sommers, Roth and Elmaleh. Words cannot express enough my gratitude! I will be forever grateful!
    Ivica J Sokic
    Ivica J Sokic
    6 June 2022
    Thank you does not begin to express the depth of gratitude I have for Sommers Roth & Elmaleh Professional Corporation. From the first day I sat in Hilik's office, not once did I feel apprehensive. My concerns and worries were put at ease due to the kindness and compassion of Hilik, Jeremy and Fanny and their relentless persistence to secure my daughter's future. This has been a long but successful endeavor during some difficult times and through it all, the Team has been resilient, informative and were always available. I highly recommend this dedicated and professional law firm and I will be forever in their debt.
    Arden Melnechuk
    Arden Melnechuk
    1 December 2021
    I was in a serious horse accident where the horse was injured and should never have been ridden. The owner of the horse was aware that the horse had chronic arthritis issues and the veterinarians at Guelph had told him the horse could decompensate at any time and could cause serious injury whether being led or ridden and could never be jumped again. The horse had been shown at the grand prix level and the owner had payed quite a bit of money for him. After consulting with several lawyers and having one that did represent me at the discoveries who later quit, Jeremy Syrtash took on the case and followed through with guelph university. That is how we found out that the vets had recommended the above. Without Jeremy's efforts and follow through the case would never have continued on. Because of these efforts the case was successful. Thank you so much Jeremy. You are a dedicated, thorough, excellent lawyer and it's been a pleasure to have you as my lawyer!!
    Megha Sharma
    Megha Sharma
    16 April 2021
    Mr. Elmaleh and his team are very professional and experts in their field. Recommend to everyone who has suffered medical negligence.
    Nick & Whitney Maraschiello-Basnett
    Nick & Whitney Maraschiello-Basnett
    18 July 2020
    We want to start by saying how much we highly recommend Sommers, Roth and Elmaleh for anyone who is dealing with a situation involving medical malpractice. Hilik and the entire firm have allowed us the opportunity to give our little girl the life she deserves. There is no taking back what happened, but they truly turned such a tragedy into a victory. They fought long and hard, and put forth so much time and effort into making the individuals accountable and responsible for the mistakes that were made. They always showed true compassion for our family, guided us with ease, and supported us through every step. This was such a life changing experience with the firm, and honestly we will always be forever grateful and thankful.