A patient can recover damages in a medical malpractice lawsuit, including medical expenses, lost earnings, anticipated future expenses from the injury, and compensation for their pain and suffering. If the patient died from medical malpractice, the patient’s loved ones could recover wrongful death damages.
If you suffered injuries in a medical malpractice incident, you could be eligible for economic, non-economic, punitive, and wrongful death damages.
For more information about damages and medical malpractice law, call Medical Malpractice Help at 855-633-2757 today.
Economic damages refer to losses that have a dollar value. These are actual, tangible financial damages, including:
- Medical bills.
- Lost wages from work.
- Anticipated future costs, such as future medical bills and reduced earning capacity.
We can use your bills and receipts to assign an accurate dollar value to the economic losses you have already incurred. However, coming up with an exact value for future costs involves a degree of projection and forecasting. For this reason, it is important for victims to work with a medical malpractice lawyer who works to get all possible damages onto the table and can anticipate every expense you might incur going forward.
Non-economic damages include all those that do not have definitive dollar values, like:
- Pain and suffering.
- Emotional anguish.
- Loss of enjoyment of life.
- Loss of consortium.
These are “losses” that medical malpractice patients frequently suffer, but do not carry exact prices. A person does not receive a bill for their serious abdominal pain or PTSD from a botched surgery, but such suffering unquestionably “costs” something for the patient.
State Laws Impact Non-Economic Damages
It is up to the patient’s attorney to understand the state laws governing non-economic damages in medical malpractice cases. Some states, for instance, allow attorneys to use the multiplier method to calculate non-economic losses. This method takes the patient’s total economic damages and multiplies it by a specific factor. Other states assign per diem amounts to pain and suffering, such as $50 for each day the patient had to live with their injuries.
Patients can receive additional punitive damages on top of their economic and non-economic damages when a doctor or healthcare provider commits malpractice and:
- Acts recklessly or maliciously.
- Attempts to conceal their actions from the patient after the fact.
Different states have different rules regarding these damages, as well as limits on how much the patient may collect.
Wrongful Death Damages
Wrongful death damages are awarded to the heirs of a person who dies as a result of medical malpractice. Depending on the state, a deceased patient’s loved ones can collect compensation to cover medical bills incurred up to the time of death, funeral and burial costs, and the deceased’s lost future earnings.
Call Medical Malpractice Help at 855-633-2757 for a Free Case Evaluation.
The legal team at Medical Malpractice Help focuses on medical malpractice law. We can help you build a strong case against the provider who injured you or your loved one with their negligent actions. To schedule a free case evaluation, call us at 855-633-2757 today.
Damages - Frequently Asked Questions
The difference between locked-in syndrome and a vegetative state is that a person with locked-in syndrome retains their full mental faculties, whereas a person in a vegetative state does not. However, because locked-in syndrome causes the loss of all physical capabilities and all muscle movement other than the eyes, people can easily mistake it forRead More
A cancer misdiagnosis can prevent you from receiving proper and timely treatment for your illness—care that might be necessary to save your life. Because a cancer misdiagnosis can cause severe financial losses, not to mention immense pain and suffering, emotional anguish, and loss of enjoyment of life, you might consider filing for medical malpractice againstRead More
Damages - News Articles
This article provides an overview of New Mexico medical malpractice law. Lawmakers in the Land of Enchantment have fashioned a distinctive medical malpractice system whose signature features include a state malpractice insurance fund, strict limits on monetary damages, and a mandate to obtain a medical review panel’s opinion before filing suit. Because it is usefulRead More
New Mexico Jury Finds Albuquerque Hospital Negligent; Awards Family $7.75 Million Michael Webb waited as long as he could. The pain in his knee was not going away. Finally, in December 2011 he decided to have surgery performed. After the procedure, complications forced Webb in to the intensive care unit (ICU) at the Presbyterian HospitalRead More