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Whether a surgeon is performing a routine operation or a doctor is managing a chronic condition, health care providers must follow specific steps to reduce risk and prevent harm to the patient. If the provider is negligent and the patient is harmed, they may be entitled to compensation for medical negligence or malpractice. This compensation is awarded for each type of damages, and in Kentucky, these amounts are not capped. To demonstrate how these awards are classified, here’s a look at the damages injured parties can seek in a medical malpractice case.

3 Medical Malpractice Damages Injured Parties Can Receive in Kentucky

1. Economic

Economic damages are generally the easiest to calculate as they refer to monetary losses that the injured party, or plaintiff, experienced because of the negligence or malpractice. These damages usually include medical bills and other costs associated with the injury—such as continued care and home renovations made for a related disability. This compensation can also include the patient’s loss of income related to the injury and projected decrease in earnings. If the patient died, funds may be awarded to cover funeral and burial costs.

2. Noneconomic

medical malpracticeNoneconomic damages are subjective values that are not tied to a quantifiable expense or loss. Compensation for noneconomic damages may be awarded for pain and suffering, physical impairment, and inconvenience. In cases of wrongful death, surviving family members may also be able to seek recompense for the loss of companionship, affection, and care.  

3. Punitive

Although rare, some medical negligence or malpractice cases may involve punitive damages. These damages are not attached to financial compensation for the plaintiff. Instead, they are ordered to punish the medical provider for grossly negligent actions or malicious intent.

These actions are committed by an individual who knows they are reckless or harmful—such as in cases of fraud or injury as a result of surgery. Some examples of punitive damages in medical malpractice may involve loss of license, jail time, and fines.

 

If you or a loved one has been harmed by a negligent medical provider, the compassionate attorneys of Williams, Hall & Latherow, LLP will help you get the compensation you deserve. Specializing in personal injury cases, this Ashland, KY, law firm is well-versed in Kentucky medical negligence laws and how to accurately assess and prove damages. To learn more about their capabilities, visit this team of personal injury lawyers online. If you’d like to schedule a free initial consultation, call (606) 329-1919.

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