Posted by on Jul 9, 2016 in Uncategorized | 0 comments

We all have high regard for doctors or anyone in the medical profession. They are revered in their industry for their professionalism and high ethical standards. But nowadays, there has been an increase in medical malpractice claims which has often led to serious injuries and even death to a patient. According to the website of Bruner Law Firm, medical practitioners and providers have failed to live up to the standards of care for their profession.
When a medical practitioner has caused injury or death to a patient, there is no recourse for the surviving relatives but to recover damages. If the plaintiff is a bread winner in the family, the potential losses to the surviving family members can pile up. In this article, we will tackle the available damages that the family of the plaintiff can recover in a medical malpractice case.

Types of Damages

Damages in a medical malpractice case boils down to those that can be calculated or economic damages and those that cannot be calculated or non-economic damages.

Economic Damages

Economic damages may include lost earnings or capacity, medical bills, and other financial losses that resulted from the injury or harm. Lost earnings could include the amount of money that the plaintiff could possibly earn if not for the injury or harm. Future earnings are calculated based on its present value. The calculation of future earnings is done by an economist that your lawyer will hire as an expert witness.

However, there are three problems that can arise in the computation of lost earnings.

  • You were unemployed when the injury happened
  • If not for the injury, you would have sought another job for higher pay
  • You are self-employed

Future Medical Bills

Injuries due to medical malpractice may entail long term medical care which could reach to hundreds or even millions of dollars. A medical economist shall be the one who will compute this and present it in court.

Non-Economic Damages

Non-economic damages include pain and suffering and mental anguish and loss of consortium. This is the most difficult part in a medical malpractice claim because you cannot put a monetary value on pain and suffering. There is no existing guideline on the determination of pain and suffering. There is no chart that can be presented to the jury to determine the amount that will be awarded to the plaintiff.

Loss of consortium, on the other hand, refers to the intangible benefits that the plaintiff can give to their spouse or children.

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