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What damages can I claim for medical malpractice in California?

If injured as a patient due to medical malpractice, you are likely facing a variety of financial and emotional challenges. Not only do you need to deal with mounting medical bills, but you may also experience a reduced income and a loss of enjoyment of life.

You may wonder what kind of compensation you can receive if you pursue a medical malpractice lawsuit. Here is some information on the types of damages you can recover in a successful lawsuit against a negligent medical professional.

Economic damages

Under California law, you can pursue compensation for expenses you incur directly because of the medical malpractice injury. This may include:

  • Medical bills
  • Lost income
  • Lost earning capacity
  • Estimated future medical expenses

These losses can be devastating to deal with, especially as a result of an injury. The law ensures victims like you can get financial compensation in this situation. 

Non-economic damages

Thankfully, you can pursue non-economic damages for medical malpractice, as well. These damages include:

  • Pain and suffering
  • Physical impairment
  • Loss of consortium
  • Loss of enjoyment of life

These damages are important because the suffering you experience due to an injury is not just physical. Medical negligence also results in a significant amount of mental anguish.

Limitations of non-economic damages

However, California has a unique law in place that sets a cap on non-economic damages. The limit is $250,000. This is a controversial rule that can leave some dissatisfied with the compensation they receive. No patient can receive more than $250,000 for these specific damages, no matter what. However, it is important to remember that this does not affect the quantifiable losses mentioned above. You can pursue as much as you want in terms of economic damages. 

California laws that pertain to medical malpractice can be confusing to understand. That said, it is worthwhile to understand them as much as possible as you consider bringing a lawsuit.

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Law Offices of Neil M. Howard
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El Segundo, CA 90245

Phone: 424-259-4807
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We’ve successfully represented patients as north as Redding and as south as San Diego.