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A Damages are part of every civil lawsuit. Before we go any further, let me explain the difference between a civil and a criminal action. When a nurse has been sued for malpractice, this is a civil lawsuit. The malpractice suit is the result of negligence in the nurse’s practice, normally an unintentional behavior that caused injury to a patient. In contrast, a criminal action is the result of a crime, such as homicide, manslaughter, conspiracy, fraud, and abuse. It is a deliberate, premeditated, willful and intentional action that causes harm. In a criminal action, if the defendant is convicted, the punishment can be time spent incarcerated. In a civil action, restitution for the injury is made through money payments; these money payments are called damages.
There are 3 different types of damages that are available to every litigant. The first type, "Special" damages, is also called economic damages. These damages constitute a specific number and must be proven by receipts, statements, pay stubs, or other documents that indicate how much was paid out of pocket by the injured to return to his or her preinjury status. In other words, any money that the injured paid to return to what they were like before the injury is considered economic damages. It is not a number that is pulled out of the air, but a specific number that must have evidence to back it up.
"General" damages are those that cannot be specified by a certain number and are also called noneco-nomic damages. These damages include pain and suffering, emotional distress, or loss of consortium. Some states have limits on general damages because these damages can run up to hundred thousand or million dollar amounts. It is tough to put a specific value on pain and suffering or emotional distress. Therefore, general damages many times are valued at a much higher cost than special damages.
The last type of damages is punitive damages. These damages are used by the legal system as a way to punish especially egregious behavior, including instances of sexual misconduct, fraud, cover-ups, and tampering or changing medical records. This behavior is more serious than mere negligence, and may be considered a criminal charge. However, if these behaviors are alleged in a civil case, the plaintiff may ask for punitive damages.
An insurance carrier may deny coverage of punitive damages, and any punitive damage award against a defendant may have to be payed by that individual defendant out of pocket.
Medical malpractice cases against nurses are on the rise. Every lawsuit asks for damages because without damages, even if there is an injury, there is no reason for a lawsuit. The damages aspect is what pays the injured plaintiff for everything they had to spend and also places a monetary value on any emotional distress or pain and suffering. It is the payback for bringing the lawsuit in the first place.
| Information appearing in Legal Counsel is for general purposes and is not intended to replace legal advice. For specific situations, consult your facility’s legal representation or a personal attorney.
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