Damages is a term used to describe the harms an injured person has suffered due to an act of medical negligence. Because physical and mental injuries cannot be erased from time, and we cannot go back in time to prevent an act of medical negligence from happening, money is the only way to measure damages […]
Damages is a term used to describe the harms an injured person has suffered due to an act of medical negligence. Because physical and mental injuries cannot be erased from time, and we cannot go back in time to prevent an act of medical negligence from happening, money is the only way to measure damages in a medical malpractice case. Damages are intended to make an injured party as “whole” as possible given the circumstances. Different types of damages at issue in a medical malpractice case – whether that case involves a living adult, a minor, or the representatives of a deceased victim – include the following:
The types of damages available in a given medical malpractice case will be dependent on the age of the injured party, the type of injuries sustained, and the severity of the injuries. An inability to ever work again is a life-altering consequence of some medical malpractice injuries. That loss of earning capacity is often measured in a medical malpractice case to determine what amount of compensation may be fair for an injured party.
When a person’s injuries have a substantial impact on a loved one, such as a spouse, the spouse may have an opportunity to allege a “loss of consortium” claim. In doing so, the spouse is alleging that he or she has indirectly suffered harm by no longer having the same spousal relationship. For example, if one spouse can no longer work, the other spouse who previously relied on that income may suffer. Additionally, if one spouse’s injuries prevent him or her from ever having relations again, this has a direct impact on the other spouse.
If you or a loved one were harmed by medical malpractice, you could be qualified to file a lawsuit to recover monetary compensation for damages.
Parker Waichman LLP helps medical negligence victims receive full monetary compensation. Trust your case with our malpractice lawyers. For a free consultation, contact our law firm today by using our live chat or calling 1-800-YOUR-LAWYER (1-800-968-7529).