Damages

There are a variety of damages that a potential Plaintiff may recover. If it is proven that a health care provider’s care and treatment has fallen below the standard of care for a health care provider in that particular field, then the Plaintiff may recover specific damages, which may include, but are not limited to the following:

  • Past, present, and future pain and suffering;

  • Past, present, and future disfigurement;

  • Past, present, and future medical expenses;

  • Past, present, and future loss of enjoyment of life;

  • Past, present, and future mental anguish

  • Past, present, and future lost wages;

  • Past, present, and future loss of earning capacity

Additionally, your case involves a wrongful death or wrongful birth, there are additional damages that you may recover.


If you suffer severe damages that impair the normal love and relations that are maintained between spouses, or between parents and children, then you might also be able to recover loss of consortium damages.


If the health care provider’s negligence is so wanton and reckless as to constitute an entire disregard for the health, safety, and welfare, of the Plaintiff, then the Plaintiff may recover exemplary damages for gross negligence on the part of the health care provider.

 

Additionally, if the health care provider is found guilty of violating the Texas Deceptive Trade Practices Act, the client might be able to recover economic damages, such as the cost of the repair of the surgery, or the value of the surgery/result as warranted and the value of the surgery/result as actually provided.

 

The more severe, life-threatening, life-altering, or life-impairing the actual damages are, then the greater chance that the client has of a larger recovery.