Damages Available in Medical Malpractice Lawsuits

When a healthcare provider’s mistake leads to injury, Pennsylvania law allows victims to pursue compensation through a medical malpractice lawsuit. Damages are the financial amounts awarded to cover losses caused by negligence. Knowing which types of damages you might recover can help you and your family take the right steps after a serious medical error in Philadelphia.

Types of Damages in Pennsylvania Medical Malpractice Cases

Medical malpractice damages in Pennsylvania typically fall into two main categories: economic and non-economic. Economic damages are out-of-pocket costs you can measure, like medical bills or lost wages. Non-economic damages cover things that are harder to put a price on, such as pain, suffering, and the loss of enjoyment of life.

Common examples of damages you can claim include:

  • Medical expenses: The costs of hospital stays, surgeries, medication, therapy, follow-up visits, and any future care you may need.
  • Lost income: Wages you missed while recovering and loss of future earning ability if you cannot work as you did before.
  • Pain and suffering: Compensation for physical pain, mental distress, and emotional hardship.
  • Loss of consortium: Damages for the impact on your relationship with your spouse or partner.

A Philadelphia medical malpractice lawyer can help you calculate the full value of your damages and make sure you’re seeking everything you are entitled to under Pennsylvania law.

Are There Caps on Damages in Pennsylvania Medical Malpractice Lawsuits?

In most Pennsylvania malpractice cases against private providers, there is no cap on the amount you can recover for pain and suffering, medical bills, or lost wages. However, the law does limit damages in lawsuits against government-run hospitals or government employees.

According to state law:

  • Claims against Commonwealth government agencies (like state-run hospitals) are capped at $250,000 per person and $1,000,000 per event (see 42 Pa.C.S. § 8528).
  • Claims against local governments (like city health clinics or county hospitals) are capped at $500,000 in total (see 42 Pa.C.S. § 8553).
  • These caps apply to all recoverable losses, including pain and suffering, earnings, medical costs, and more.

For most private hospitals and doctors, there are no legal limits on how much a jury can award for damages. To understand if any cap might apply to your case, speak with a medical malpractice lawyer.

Punitive Damages in Medical Malpractice Lawsuits

Punitive damages are designed to punish a healthcare provider for especially reckless or intentional conduct, not just compensate the victim. Under Pennsylvania law, punitive damages in medical malpractice cases are rare, and there are strict rules about when they can be awarded.

The law allows punitive damages only if the provider’s actions show willful or wanton conduct, or a reckless indifference to your rights. Simple negligence or honest mistakes are not enough. For most malpractice claims, punitive damages against an individual physician are capped at 200% of the compensatory damages awarded, and cannot be less than $100,000 unless the jury decides on a lower amount. Punitive damages are not awarded against hospitals or other employers unless they knew about and allowed the reckless behavior.

If you believe your case involves this type of extreme conduct, a medical malpractice attorney can review the details and advise you about possible punitive damages.

Damages in Wrongful Death and Survival Actions

Sometimes, medical malpractice results in death. Pennsylvania law allows surviving family members to file two types of claims: wrongful death and survival actions. Wrongful death damages cover funeral expenses, loss of support, and the value of services the deceased provided. Survival actions allow the estate to recover for pain and suffering the deceased experienced before passing, as well as lost earnings from the time of injury until death.

Both claims are subject to the same caps if the lawsuit is against a government entity. If your family has lost a loved one because of medical negligence, a Philly medical malpractice attorney can explain your options.

How Damages Are Calculated and Paid

Juries in Pennsylvania malpractice lawsuits listen to evidence about your medical bills, work history, future care needs, and the impact on your daily life. They then decide the amount of each type of damage based on the evidence presented. In some cases involving very large future damages (like life-long care needs), the court may order periodic or installment payments rather than a single lump sum.

If you sue a government agency or public hospital, the law requires you to file a written notice of your claim within six months of the injury, or you may lose the right to recover damages entirely. Working with medical malpractice attorneys can help you avoid mistakes that put your recovery at risk.

FAQs About Damages Available in Medical Malpractice Lawsuits

What kinds of damages can I recover in a Philadelphia medical malpractice case?
You may recover damages for medical expenses, lost wages, future care costs, pain and suffering, and, in some cases, loss of companionship. Each case is unique, so it’s important to consult a Philadelphia personal injury lawyer to get a clear picture of your potential compensation.

Are there limits to how much I can get in a medical malpractice lawsuit?
There are no damage caps for most private hospital or doctor cases in Pennsylvania. However, if your claim is against a government-run facility, state law sets caps on total damages. Talk to a medical malpractice lawyer to learn more about how these caps may affect your case.

Can I get punitive damages in a Philadelphia malpractice case?
Punitive damages are only awarded when the healthcare provider’s conduct was intentional, willful, or showed reckless indifference to patient safety. These damages are rare and are usually capped at double the amount of compensatory damages.

What should I do if I have more questions about damages?
You should reach out to medical malpractice lawyers who handle these cases. They can review your situation, explain available damages in detail, and help you build a strong case for fair compensation.

Other Resources About Understanding Medical Malpractice Law in Pennsylvania

Practice Areas

Get Your Case Evaluation Today for FREE

(215) 227-2727

EMAIL US

TOLL FREE:
(866)-907-2231

NO RECOVERY, NO FEE. GUARANTEED.

Our record of success

Over $500 Million Recovered

$80 Million

Transvaginal mesh jury verdict

$20 Million

Birth INJURY CAUSING BRAIN DAMAGE

$6.75 Million

ATV Accident CAUSING BRAIN DAMAGE

View all Case Results

From our Clients

See more testimonials

I would not have been able to achieve the results and reach the settlement that I was awarded without the legal representation of My Philly Lawyer. Thank you Dean and Frank and your entire team.

Darnell B

My Philly Lawyer represented me for an auto accident. The entire process was a pleasure. I was more than satisfied with the outcome. During a normally stressful time, I was put at ease by the entire staff at My Philly Lawyer and I won’t hesitate to have them represent me again.

Craig R.

MyPhillyLawyer absolutely the best in Philadelphia. Dean, Joshua and Deana are the best and they will get you the results you deserve! I’m so grateful and appreciative for their assistance and support!

Hass M.

My experience with MyPhilly lawyer has been wonderful. There is nothing better than feeling like the team is on your side. The staff has always taken my calls , no matter what time. I’m extremely grateful for MyPhilly lawyer.

Corynna M.

I highly recommend Dean Weitzman. He was empathetic and listened carefully to the impact the accident had upon my physical and mental health. I believe he negotiated the very best settlement he could have gotten.

Christina R.

Their team is absolutely amazing and is there to help you every step of the way. I would highly recommend them, they know there stuff and will do what it takes to help their clients.

Brittany M.