What Type of Compensation Can I Expect To Receive and How Much?

If you or someone you love has been the victim of a medical mistake, you will have many questions. In the aftermath of the mistake, one of the most important questions you may ask is – what type of compensation am I entitled to?

At The Weitz Firm, LLC, we have the knowledge and experience you need to get through this case. We will work to prove your case and secure complete compensation for every expense you incur due to the medical mistake. Call our Philadelphia medical malpractice attorneys today.

Compensation for Pennsylvania medical malpractice

Medical treatment is economic damage. This is used to cover the total medical costs that result from a medical mistake being made. This includes the cost of past, current, and future medical care that may be needed. The cost of past and current care can be established using medical records and hospital bills. However, calculating the cost of future medical care may require expert witness testimony. These damages can cover physical therapy, in-home care, prosthetics, and more.

Lost income is also considered economic damage. This compensation is meant to help medical malpractice victims recover any income they lose if they cannot work due to their injuries. These damages can also include the cost of future income a victim will lose if they are disabled and not able to return to work. Calculating these costs can be done using past pay stubs, tax returns, and expected future earnings reports.

Pain and suffering are considered non-economic damage. This type of compensation is a bit more difficult to calculate because it is not as quantifiable as medical care and lost wages. The following can all be referred to as pain and suffering damages:

  • long-term physical pain
  • emotional and psychological distress
  • loss of enjoyment of life
  • loss of consortium with a partner

If it is determined that a medical provider was grossly negligent or that their actions were intentional, punitive damages may be awarded to the injured party. These damages are awarded to punish the defendant and to discourage the same actions from the medical professional in the future.

Are there caps on how much you can receive?

In Pennsylvania, there are no caps on the amount of economic or non-economic damages a person can recover following a medical mistake. However, any punitive damages awarded are capped at 200% of the compensatory damages awarded, 25% of which will go to a fund called MCARE. This fund is designed to help patients whose claims exceed the healthcare provider’s malpractice insurance coverage amounts.

Let us get to work on your case today

If you or someone you care about has been injured due to the actions of a medical provider, please seek legal assistance today. At The Weitz Firm, LLC, we are going to be by your side, working to prove the healthcare provider’s negligence. Our goal is to secure the compensation you need. We will thoroughly investigate what happened in your case. When you need a Philadelphia medical malpractice attorney, you can contact us for a free consultation by clicking here or calling 267-587-6240.



    We are highly selective in the cases we undertake to ensure that can give each client his full attention. You can schedule an appointment for a personal injury consultation at our Philadelphia office by calling us, or by filling out our online intake form.