Damages in Medical Malpractice Lawsuits under Personal Injury
Damages in Medical Malpractice Lawsuits (Personal Injury)
Damages are the monetary compensation awarded to a plaintiff in a personal injury lawsuit, including medical malpractice, to make them “whole” after suffering harm due to a healthcare provider’s negligence.
In medical malpractice, damages compensate for the physical, emotional, and financial losses caused by the provider’s breach of duty.
Types of Damages in Medical Malpractice
1. Compensatory Damages
These damages compensate the plaintiff for actual losses suffered.
a) Economic (Special) Damages
Definition: Quantifiable monetary losses directly related to the injury.
Examples:
Medical expenses (past, current, future)
Lost wages (past and future)
Cost of rehabilitation or therapy
Cost of medical equipment or home modifications
Loss of earning capacity if the injury impacts future ability to work
b) Non-Economic (General) Damages
Definition: Compensation for non-monetary harm which is subjective and harder to quantify.
Examples:
Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium (impact on relationship with spouse or family)
Disfigurement or loss of bodily function
2. Punitive Damages
These are intended to punish the defendant for egregious, reckless, or intentional misconduct and deter similar behavior.
Rare in medical malpractice cases, as medical errors are usually due to negligence, not willful wrongdoing.
Awarded only when the defendant’s conduct goes beyond mere negligence to gross negligence or willful misconduct.
Principles for Damages in Medical Malpractice
Causation of Damages
The plaintiff must prove the damages claimed were caused by the malpractice.
Damages unrelated to the negligence (e.g., pre-existing conditions not worsened by the malpractice) are generally not recoverable.
Mitigation of Damages
Plaintiffs have a duty to mitigate their damages — e.g., seek reasonable medical treatment after the injury.
Failure to mitigate may reduce the amount awarded.
Proof of Damages
Economic damages require documented evidence (bills, pay stubs, expert testimony).
Non-economic damages are more subjective but must be reasonably related to the injury and supported by evidence such as medical records, testimony about pain, emotional state, and lifestyle changes.
Special Considerations in Medical Malpractice
Future Damages:
Many medical malpractice injuries cause lifelong impairments. Plaintiffs often seek compensation for future medical care, ongoing therapy, and future lost wages or reduced earning capacity. Expert testimony is usually required to estimate these costs.
Collateral Source Rule:
In many jurisdictions, compensation cannot be reduced because the plaintiff received benefits (e.g., insurance, social security). The defendant cannot benefit from these payments.
Example Case Law Illustrations (Hypothetical Summaries)
Case 1: Economic Damages Recovery
Smith v. Jones Hospital
Plaintiff suffered complications due to a surgical error. Awarded compensation for all hospital bills, rehabilitation, and lost income during recovery.
Case 2: Non-Economic Damages
Johnson v. Dr. Lee
Plaintiff awarded damages for chronic pain and emotional distress after misdiagnosis led to delayed treatment.
Case 3: Punitive Damages Denied
Brown v. Medical Center
Defendant’s negligence caused injury but no evidence of recklessness; punitive damages were denied.
Summary Table
| Type of Damages | Purpose | Examples | Notes |
|---|---|---|---|
| Economic (Special) | Compensate measurable financial loss | Medical bills, lost wages | Requires documentation |
| Non-Economic (General) | Compensate for intangible harm | Pain & suffering, emotional distress | Subjective, requires supportive evidence |
| Punitive | Punish and deter misconduct | Rare, for gross negligence or intentional harm | Not typically awarded in medical malpractice |
RELATED Blog
0 comments