In order to recover damages, a plaintiff in a medical malpractice case must first prove liability. Although the law varies from jurisdiction to jurisdiction, a plaintiff must prove the following four elements of liability before he can recover damages in a medical malpractice case:
- That there was a doctor-patient relationship that gave rise to a duty of care;
- That the duty of care was breached;
- That the plaintiff was injured;
- That the doctor’s breach of the duty of the care was the proximate cause of the plaintiff’s injuries.
If a plaintiff in a medical malpractice case proves liability, he may recover economic damages, non-economic damages, and in some instances, punitive damages.
What are Economic Damages?
Economic damages are meant to compensate a plaintiff for monetary losses and expenses which he has incurred and is reasonably likely to incur in the future as a result of the defendant’s negligence. Examples of economic damages include:
- Medical bills;
- Future medical bills;
- Lost wages;
- Future lost wages;
- Property damage;
- Cost of medical equipment;
- Cost of a rental car; and
- Cost of in home care.
Economic damages are fairly easy to calculate because they usually supported by receipts and invoices. Future lost wages and future medical bills are more difficult to quantify because no one can predict the future. So, expert testimony is usually relied upon to establish the cost of future medical bills and the value of future lost wages.
What are Non-economic Damages?
Non-economic damages are meant to compensate a plaintiff for the non-monetary losses and injuries he has suffered and is likely to suffer in the future as a result of the defendant’s negligence. Many states have enacted legislation which limits non-economic damages in medical malpractice cases. Non-economic damages, typically referred to as pain and suffering, include:
- Emotional distress;
- Loss of consortium;
- Aches and pains associated with broken bones, cuts, and lacerations, and internal injuries and the medical and surgical procedures required to treat such injuries;
- Temporary and permanent limitations on physical activities as a result of the injuries;
- Depression;
- Embarrassment from scarring and permanent disfigurement; and
- Potential shortening of life.
Punitive Damages
Punitive damages are meant to punish the defendant for his negligent conduct and to deter him from engaging in the same or similar conduct in the future. Generally, punitive damages are authorized only in cases where the defendant’s acts or omissions were particularly egregious.
Getting Legal Help
Anyone who has been injured or lost a loved one as the result of medical malpractice needs the assistance of an experienced medical malpractice attorney. A qualified medical malpractice attorney will use his knowledge and expertise to estimate the value of the case and will work zealously to help you get the compensation you deserve.
