When you are taken ill, you hope the doctor you will see will provide the care you need so you can get back on your feet and resume your daily activities. Unfortunately, sometimes, things do not always go as planned. While the hospital or doctor is expected to exercise a certain degree of care, it is not uncommon for the patient to sustain an injury in the hands of a health care provider.
If you sustain an injury at the hands of a health care provider, you may consider filing a medical malpractice lawsuit against the responsible party. Here are the damages you can recover if you prevail in your claim.
These refer to the direct losses an injury victim incurs or will incur as a result of the medical malpractice. Economic damages are usually quite easy to quantify because they can be documented and calculated. Some of the economic damages you can claim in a medical malpractice lawsuit include medical costs of treating your injury and lost income due to missed work. Others may include future medical needs, mobility aids as well as loss of income potential if you are unable to work as a result of the injury. In cases where the injury results in death, the decedent’s family may sue for funeral costs as well.
These damages are meant to compensate for losses that cannot be measured by out-of-pocket dollar figures but should nonetheless be compensated. The may include emotional anguish, pain and suffering, worsening of pre-existing conditions, and loss of consortium.
Some of the factors the court will consider when determining compensation for non-economic losses include:
- The severity of the injury and the duration it will take to fully recover
- The impact of the injury on your daily life and ability to perform your duties
- The major adjustments you have made in life following the injury
A medical practitioner is expected to exercise a duty of care towards their patient. However, if you sustain an injury at the hands of the doctor or hospital due to negligence, you need to find out how a medical malpractice lawsuit can help you get the compensation you deserve for your damages.