Who is eligible for damages?

Individual patients as well as family members who are damaged, as the law defines, may be entitled to damages in a medical malpractice case. For example, in a wrongful death case, the next-of-kin of the deceased person are entitled to damages for their loss. In most medical malpractice cases, the actual injured party is the plaintiff who is the most entitled to damages.

In some instances, their surviving spouse and/or children may also be entitled to damages.