Damages in a negligence claim refer to what?

• A. The actual harm resulting from the breach, including medical costs and pain and suffering.
• B. The hospital's lost profits.
• C. The physician's malpractice insurance premium.
• D. The staff training costs.

Answer: (A)

Damages in a negligence claim are the compensation awarded to the injured party to make them whole for the harm caused by the breach of duty. This means paying for the actual losses the plaintiff suffered, such as medical costs and other treatment expenses, and also non-economic harms like pain and suffering. The goal is to restore the plaintiff to the position they would have been in if the breach had not occurred.

Choices about the hospital’s lost profits, the physician’s malpractice insurance premium, or staff training costs reflect costs borne by the provider, not harms suffered by the patient. Those are not damages awarded to the plaintiff in a negligence claim.