FAQ: Calculating Damages in Medical Malpractice Cases

What is Medical Malpractice?

Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, fails to provide the standard of care expected in the doctor-patient relationship, resulting in harm or injury. Common types of medical malpractice include surgical errors, misdiagnosis, medication errors, and birth injuries.

What Types of Compensation Can I Receive in a Medical Malpractice Case?

In a medical malpractice case, you can seek compensation for both financial and non-financial losses. This includes:

• Medical Expenses: Costs related to surgeries, rehabilitation, long-term care, and future medical needs.
• Lost Income: Compensation for lost earning capacity if the malpractice affects your ability to work.
• Out-of-Pocket Expenses: Any costs directly related to the injury.
• Non-Financial Harm: Compensation for pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life.

How Do I Prove My Losses in a Medical Malpractice Case?

To successfully claim compensation, you need to prove the losses you’ve suffered and may suffer in the future. This requires evidence such as medical records, expert testimony, and documentation of your financial and non-financial losses. An experienced medical malpractice attorney can help you gather and present this evidence effectively.

How Are Non-Financial Damages Calculated?

Putting a dollar amount on non-financial damages like pain, suffering, and loss of enjoyment of life can be challenging. However, compensation can provide financial security and a sense of justice. At our law firm, we carefully evaluate the severity of your injuries, how they impact your daily life, and any long-term consequences to ensure all your losses are fully accounted for.

Why Should I Hire a Medical Malpractice Lawyer?

Medical malpractice cases can be complex and overwhelming. The opposing side will likely have a team of lawyers working to minimize your compensation. An experienced medical malpractice lawyer will handle all aspects of your case, from gathering evidence to negotiating with insurance companies, ensuring that your claim is filed within the required time limits, and fighting for your right to full compensation.

What Should I Do if I Suspect Medical Malpractice?

If you suspect that you or a loved one has been harmed by medical negligence, it’s crucial to act quickly. Consult with a knowledgeable medical malpractice attorney as soon as possible to discuss your case and ensure that your rights are protected.