How are damages determined in medical injury lawsuits?

One of the elements of a medical malpractice lawsuit involves determining damages. Compensatory damages are awarded to a plaintiff in order to return him to where he would have been if the injury had not occurred.  These can include both economic and non-economic damages, which can be broken down as follows:

• Economic damages can include lost wages, and medical bills, both past and in the future
• Non-economic damages include pain and suffering, disfigurement or disability, mental anguish and the loss of consortium when a spouse has been injured that prevents him or her from having normal marital relations.

The plaintiff in a medical malpractice case must be able to prove that there was negligence by one or more healthcare providers involving the patient’s care.  Secondly, that this negligence was the cause of the injury or death.  And lastly, they must show damages occurred as a result of negligence. 

Punitive damages are essentially penalties imposed on a defendant to deter future wrongdoing and are used as a way to punish the defendant for intentional or grossly negligent conduct.  Many jurisdictions have a limit (also known as damage caps) on how much a plaintiff can receive from malpractice damages.

To make sure that you are able to recover all of the possible damages due to medical negligence, you should contact a skilled medical malpractice attorney to review your case.

Talk to a Medical Malpractice Lawyer now to get qualified legal advice regarding your case.

Good luck.