If a patient has experienced negligent medical care, but did not suffer any harm because of it, then medical malpractice has not taken place, in a legal sense. This may seem counter-intuitive, but medical negligence is only one part of a medical malpractice case. In order for medical malpractice to have occured, the patient must have suffered some type of injury, or damage as a direct result of the medical professionals negligent treatment.
What Constitutes Damages in Malpractice Cases?
Damages are defined as any type of economic or non-economic loss, or suffering. Below are some of the most common injuries and damages caused by medical malpractice:
- Medical Bills
- Future Medical Expenses
- Lost Income
- Lost Future Earnings
- Permanent Disability
- Pain and Suffering
- Emotional Distress
Monetary values, such as medical bills, future medical expenses, lost income and lost future earnings are economic damages, which can be calculated, or at least, estimated.
Take, for example, a 40 year old man that was earning $45,000 prior to the medical injury. If he can no longer do his job, he should be compensated for the amount of money he would have made but no longer can. If he worked for another 25 years at an anual pay increase of 5%, his future earning would be 2.25 million dollars.
Non-economic damages, such as pain and suffering are determined by a jury, unless the case settles out of court as most do.
Can a Lawsuit be Filed for Medical Negligence?
A lawsuit can only be filed if the negligent medical treatment leads to an injury or damage to the patient. If no injury occured, then there is nothing to demand in the lawsuit. It's very much like the driver of a car running a red light. By running the red light, that driver is negligent, but you would not be able to sue him if he didn't actually hit your car. Similarly, you cannot sue a doctor for failure to do his duty correctly, unless that negligent act causes some form of damage.
