What Types of Damages Can Be Recovered in a Medical Malpractice Case?

Find Compensation and Hold Responsible Parties Accountable

When medical treatment goes wrong, the consequences can be devastating. Whether due to a misdiagnosis, surgical error or improperly monitoring a condition – victims of medical malpractice often face physical, emotional and financial challenges that can be lifelong. At Tempus Fugit Law, we help individuals and families in Massachusetts understand their rights and pursue the compensation they deserve. If you or a loved one has suffered because of medical negligence, it's important to know what types of damages you could be entitled to.

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Economic Damages

Economic damages or ‘special damages’ are meant to reimburse you for the measurable financial losses you’ve experienced as a direct result of the malpractice. These typically include:

  • Medical Expenses: Reimbursement for past, present and future medical costs associated with correcting the mistake and managing resulting health issues. This can include hospitalization, surgeries, rehabilitation, prescriptions and assistive equipment.
  • Lost Wages: If your injuries caused you to miss work, you may be entitled to recover the income you lost during your recovery.
  • Loss of Earning Capacity: In some cases, a patient’s ability to return to work or continue in the same profession may be permanently impacted. In these situations, we help calculate and pursue damages to reflect future lost income and career potential.
  • Out-of-Pocket Expenses: These include transportation costs for medical appointments, home modifications and in-home care.

At Tempus Fugit Law, our legal team works with financial experts and medical professionals to ensure that the full scope of your economic loss is accounted for.

Non-Economic Damages

Some consequences of medical malpractice don’t come with a receipt or invoice. Non-economic damages, or ‘general damages’, account for the pain, suffering and disruption to your life that you’ve experienced, such as:

  • Pain and Suffering: Compensation for the physical discomfort and emotional distress that resulted from the injury or illness caused by medical negligence.
  • Loss of Enjoyment of Life: If your quality of life has been permanently lowered, you may be entitled to compensation for this loss. Losing the ability to participate in hobbies and family activities is one example of this.
  • Disfigurement and Disability: Injuries that result in scarring, amputation or long-term disability can qualify for additional damages due to the personal and social challenges they present.
  • Emotional Distress: Anxiety, depression, PTSD and other mental health issues that arise after a traumatic medical event.

Massachusetts places a $500,000 cap on non-economic damages in most medical malpractice cases. However, exceptions may apply if the injury has resulted in substantial or permanent loss of bodily function or significant disfigurement. We evaluate each case carefully to determine if such exceptions apply.

Punitive Damages

Punitive damages are not always awarded in medical malpractice cases. However, in cases where the provider’s conduct was especially reckless or malicious, they may be available. These damages are intended to punish the wrongdoer and send a message that such behavior will not be tolerated. Our attorneys will carefully review the details of your case to determine if punitive damages may be an appropriate part of your claim.

Every Case and Recovery is Different

Medical malpractice claims are complex. Proving liability requires clear evidence that a healthcare provider failed to meet the standard of care and that this failure directly caused your injuries. Calculating damages is equally complicated, requiring expert analysis and strategic legal presentation.

At Tempus Fugit Law, we bring a client-focused approach to every medical malpractice case. We take the time to understand your story, assess your needs and fight for a resolution that supports your needs. Attorney fees are structured on a contingency basis, so you don't have to worry about how much does a personal injury lawyer cost. If you're unsure of your next step or want to know if your situation qualifies, we’re here to help.

Call (617) 752-2371, email team@tflawllc.com or contact us here on our website to schedule a consultation and learn more about your options.

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