Medical Malpractice Damages

Medical malpractice damage awards are court remedies that are associated with medical malpractice cases. Medical malpractice law is the set of civil laws that allow an injured patient, commonly referred to as a “plaintiff,” to bring a legal claim against a negligent medical professional. Medical malpractice laws also allow plaintiffs to recover damages for the harms that were caused by the medical professional’s substandard conduct.

Specifically, medical malpractice is a negligent act that occurs when a medical professional, such as a pharmacist and/or a healthcare organization, falls below the standard duty of care that is required of them when they are managing, diagnosing, and/or treating their patients.

It is important to note that the deviation from the standard duty of care by the medical professional must result in an actual injury to the patient in order for it to be considered medical malpractice. The deviation from the standard duty of care that is required of all medical professionals is generally the result of an act of negligence by that medical professional.

In a medical malpractice case, the legal remedies granted by the judge or jury generally consist of a monetary damages award, which the defendant pays the victim. This damage award is a specific monetary amount that is intended to reimburse the plaintiff for any losses that they suffered as a result of the medical malpractice occurring. Common damages addressed by a damages award include damages associated with:

• Hospital bills, including their cost of stay and treatments performed on them during their stay;
• Treatments that are necessary to correct or reverse the medical malpractice negligent action;
• Lost work wages;
• Pharmaceutical costs.

Some medical malpractice claims result in considerably high damages awards. This is especially true when the plaintiff suffered serious or egregious bodily damage because of the negligence of the medical professional.

However, there have also been fraudulent medical malpractice lawsuits that have been filed with the sole intention of collecting inflated or over-estimated damage awards. Because of these false claims, many states have enacted damage caps on medical malpractice awards, which are discussed below.

In order for a plaintiff to receive damages associated with a medical malpractice claim, the injured patient must prove all of the elements necessary for a medical malpractice case. The exact legal elements required to prove medical malpractice differ by state. However, in general, all of the following elements must be proved by a plaintiff in order for them to recover for medical malpractice:

• The person or party responsible for the medical malpractice owed the patient a duty of care that they failed to meet;
• The medical malpractice caused an actual injury, resulting in actual damages to the patient in some way;
• The damages that were caused by the medical malpractice can be calculated into a specific monetary amount; and
• The injury to the plaintiff did not exist prior to the medical malpractice occurring.

What Are the Types of Damages Awarded in a Medical Malpractice Case?

There are many different types of damages that are generally available in a medical malpractice case, including:

1. General Damages: General damages are damages that are given to compensate the patient’s costs that resulted from the medical malpractice incident. Examples of common general damages include, but are not limited to:
   • Loss of enjoyment of life caused by the medical defect;
   • Physical and/or mental pain and suffering;
   • Loss of future earning capacity due to the medical defect;
2. Special Damages: Special damages are damages that generally include a plaintiff’s past medical expenses, as well as their future medical bills and expenses;
3. Punitive Damages: In especially serious cases, a plaintiff may also recover punitive damages if the doctor’s act was willful and malicious.
   1. For instance, if the doctor knew or should have known that an injury would result from their actions or lack of action, then punitive damages may be available.
   2. It is important to note that the availability of punitive damages varies from state to state.

What Are Damage Caps in Medical Malpractice Cases?

As mentioned above, many states limit the amount of non-economic damages that a victim can recover in a medical malpractice lawsuit. As such, it is important to understand the differences between economic and non-economic damages before discussing damage caps.

Economic damages, or specific damages, are damage awards that are intended to compensate the plaintiff for their actual, measurable losses. In cases involving medical malpractice laws specifically, damages awarded generally include:

• Hospital bills;
• Therapy costs for emotional and/or mental issues brought on by the injury;
• The cost of medication;
• Ambulance bills.

As can be seen, economic damages are typically calculated by adding together amounts that have been documented on pharmacy receipts, hospital invoices, and other various medical bills.

In a medical malpractice lawsuit, an expert witness in that specific medical field must generally demonstrate that the physician did not adhere to the standard of care. Additionally, a medical expert witness may also be utilized to assess the complex medical facts of the case in order to determine whether or not the physician should be held liable for the injury caused to the plaintiff.

Non-economic damages, or general damages, are not immeasurable damages. In other words, non-economic damages cannot be calculated by adding documented bills and receipts. These general damages compensate a plaintiff for non-monetary losses, including:

• The injury itself;
• Emotional distress;
• Disability or disfigurement;
• Pain and suffering;
• Physical impairment;
• Loss of companionship;
• Loss related to the plaintiff’s reputation; and/or
• Loss of enjoyment of life.

Because non-economic damages are subjective, they vary from case to case and are subject to strict guidelines that are determined by each individual jurisdiction. Some state medical malpractice laws only allow for non-economic damages based on proof of economic damages, which are calculated according to a specific formula in proportion to the economic damage award. In general, non-economic damages are also subject to a statutory damage cap.

Damage caps are limits on medical malpractice award amounts. Many states enforce a damage “ceiling” amount, which is the maximum amount of damages that the plaintiff can receive regardless of the types of injuries they sustained. These damage limit caps vary by state. For instance, in California, there is a $250,000 limit for non-economic damages claimed by the plaintiff. At the same time, in Michigan, the upper limit damage cap is $842,500 for non-economic damages.

What Else Should I Know About Damages in Medical Malpractice Cases?

It is important to note that additional legal factors can influence how damage awards are calculated in a medical malpractice claim. For instance, pre-existing medical conditions may reduce the amount of damages that the plaintiff can recover.

Further, patient negligence may also reduce the amount of damages recoverable. In other words, if the patient failed to follow the doctor’s care instructions, their damages award may be reduced. In some states, patient negligence can entirely prohibit the plaintiff from recovering damages.

Importantly, all states have laws determining whether or not a personal representative can recover damages if the medical malpractice results in a patient’s death. These laws are called “survivor statutes,” and they allow the patient’s heirs or estate to recover damages that occurred during the period of the initial medical malpractice up to the time of the patient’s death.

Survivor damages in medical malpractice cases generally include everything that any other medical malpractice case awards, as if the patient survived and brought their own claim. A patient’s estate or heir can also bring a wrongful death claim for damages associated with the deceased individual’s future monetary loss.

Do I Need an Attorney For Issues with Damages in Medical Malpractice Cases?

You may have experienced an injury as a result of medical malpractice and wish to pursue a damages award. If so, it is in your best interests to consult with an experienced personal injury lawyer as soon as possible.

An experienced personal injury lawyer will be aware of your state’s specific laws on medical malpractice and any damages caps that may be present in your state’s laws. Finally, an attorney will also be able to represent you in court as needed.