Compensation and Damages

A guide to damages resulting from a medical malpractice lawsuit, including caps on damages, and types of recoverable damages.

Caps on Damages · Economic Damages · Other Damages · Non-Recoverable Damages · Recoverable Damages · Consent Forms

Caps on Damages

The maximum amount of money awarded to a medical malpractice plaintiff for non-economic damages may be limited according to state law. Non-economic damages include physical results from an injury such as pain and suffering, inconvenience, physical impairment, and physical disfigurement.  There is no limit to the amount of money that can be awarded for concrete monetary loss, such as medical expenses and loss of earnings. Individuals pursuing medical malpractice claims should consult their lawyers regarding what types of damages are recoverable and whether there are any limitations on the amounts.

Economic Damages

Medical Expenses and Case:
The plaintiff in a medical malpractice case is entitled to recover the reasonable value of medical care and expenses acquired for the treatment of injuries sustained as a result of the defendant's negligence. The plaintiff must prove that the expenses claimed are reasonably necessary and caused by negligence on the part of the defendant.

Loss of Earnings:
An invidual is also entitled to recover any lost earnings that he or she can prove were caused by the defendant's negligence. When dealing with lost earnings up to the present time, the plaintiff must prove that the defendant's negligence has prevented him or her from receiving the earnings for which he or she seeks compensation. The plaintiff must establish a reasonable probability that the injury caused a loss of earnings. The evidence must establish a basis for a reasonable estimate of the loss of earnings.

Loss of Earning Capacity:
The plaintiff is entitled to damages for the loss of future earnings based on the evidence regarding what he or she probably could have earned but for the harm caused by the defendant's negligence. Loss of earning capacity also takes into consideration what the plaintiff can now earn throughout the rest of the earning period of his or her life.

Other Damages

Mental Distress and Suffering:
A plaintiff who is injured by the negligence of another is entitled to compensation for mental suffering caused by the defendant's negligence. The fear that death will result from an injury is included in this class of damages.

Loss of the Ability to Enjoy Life’s Pleasures:
The jury must consider, as a separate category for awarding damages, the length of time the plaintiff was (or will be), disabled from taking part in activities which he or she previously enjoyed.

Disfigurement:
The jury may also evaluate just compensation for any disfigurement. It must take into consideration any reasonable probability that the disfigurement will become less noticeable as time goes on, as well as any mortification and anguish the plaintiff has suffered and will continue to suffer.

Permanent Impairment or Loss of Function:
If the jury finds that it is possible that the plaintiff has suffered permanent physical harm or loss of function, the plaintiff is entitled to be compensated for that category of damages. The award should be in accordance with the nature and extent of the physical impairment or loss of function and the length of time the plaintiff is reasonably expected to endure its negative consequences.

Pre-existing Condition:
The plaintiff is also entitled to full compensation for all injuries and losses caused by the defendant's negligence, even though those injuries and losses are more serious than they otherwise would have been because of a pre-existing condition. The jury may not compensate the plaintiff for the pre-existing injury itself, but the aggravation of such an injury, caused by the defendant's negligence, is a proper class of noneconomic damages.

Damages for Death:
Damages for death are defined as compensation for the destruction of the deceased person's capacity to carry on life’s activities, including his or her capacity to earn money. It is the sum that would have compensated the deceased so far as money could do for the destruction of his or her capacity to carry on life's activities (if he or she had not been killed), including the destruction of his earning capacity.

Loss of Consortium:
The law allows damages for the loss of consortium. These are damages due to a spouse because of injuries to the other spouse. Consortium covers the services of the spouse and the variety of intangible relations (affection, society, companionship, sexual relations, etc.) that exist between spouses living together in marriage.

Non-Recoverable Damages

In order to receive damages in a medical malpractice case, the plaintiff's loss must be definable and probable. The loss must also be the result of a medical professional’s negligence, misconduct, or failure to meet the standard of care. Non-recoverable damages in a medical malpractice case include injuries that did not result from a medical professional’s conduct. In addition, if a patient is not harmed by a doctor’s mistake, he or she cannot recover damages. If the medical malpractice results in a wrongful death, damages for grief and sorrow cannot be recovered, nor can damages for medical expenses, lost wages, or pain and suffering. Although these monetary damages cannot be recovered in a medical malpractice case, they may be recovered in a Wrongful Death cause of action.

Recoverable Damages

There are two types of damages that can be recovered in a medical malpractice case: compensatory damages and punitive damages. Compensatory claims are those that seek to compensate the plaintiff for an injury resulting from medical malpractice. Punitive damages cover injuries resulting from a medical professional acting willfully or maliciously in a manner that harmed the patient.

Compensatory damages can further be divided into two categories: economic and non-economic. Economic damages are defined by actual financial losses due to an injury, such as medical bills and missed wages as a result of being unable to work. Non-economic damages, on the other hand, cover “pain and suffering.” Pain and suffering damages more difficult to calculate and can include things such as disability, physical impairment, mental anguish, and loss of companionship.

Consent Forms

Even if you signed a consent form, you still may be able to recover damages for your medical malpractice injury. A consent form does not release a negligent doctor from liability. If you can establish that your doctor strayed from the applicable standard of care in performing the procedure, and you were injured as a result, you may still be eligible to recover damages.

All content on Accidents.com is for informational purposes only and is NOT intended as legal or medical advice. Please seek advice from a professional on any related topics.

Tags:  Legal Help · Medical Accidents · Medical Malpractice Accidents