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What damages are available from a medical malpractice claim?

When medical negligence causes you harm, you have the right to seek damages. Under Kentucky law, any medical malpractice claim must be filed within one year of the injury. You are able to hold both facilities and people accountable when mistakes such as failure to diagnose, medication errors or birth injuries occur.

In order to obtain damages, you will have to demonstrate the following:

  • That the medical provider owed you duty of care
  • That the medical provider breached that duty of care
  • That the breach directly caused your injury or illness

There are three basic types of damages available from a medical malpractice claim. The first are economic damages, which are awarded to make you financially whole again after an incident. This compensation often comes in the form of money for medical bills or missed wages. There are also non-economic damages, which are given for items that do not necessarily have a quantifiable value. For example, you could receive compensation for the pain and suffering you endure or the loss of enjoyment of life you may have as the result of your injuries.

There are also damages that are called “punitive.” These are given in circumstances where a court decides the defendant was especially or willfully negligent. While these damages are rare, they are awarded to punish defendants for their actions.

The National Conference on State Legislatures reports that Kentucky does not cap medical malpractice damages. Therefore, you are able to pursue the maximum compensation you deserve following an injury or illness.

While this information may be useful, it should not be taken as legal advice. Speak with a Lexington medical malpractice lawyer for more information.