Once medical malpractice has been proven in a lawsuit, the injured person is usually entitled to damages. Damages is a legal term for the award an injured person obtains after winning the lawsuit. In medical malpractice cases, damages are called "compensatory damages."

There are two types of compensatory damages:

• Damages awarded for economic losses;
  
• Damages awarded for non-economic losses.

Non-economic loss consists of losses caused by injury that are more difficult to quantify. Most non-economic loss is for the "pain and suffering" associated with injuries suffered from the medical malpractice. Damages awarded for non-economic losses are usually in the form of money to compensate for the pain, suffering and inconvenience suffered because of medical malpractice.

In addition to these compensatory damages, the court can also order the payment of additional money to punish the defendants responsible for the injuries. This type of an award is called punitive damages.