Damages in Medical Malpractice Lawsuits
Damages in medical malpractice lawsuits are intended to compensate a patient for harm caused by a healthcare provider's negligence. Essentially, if a medical professional's care falls below the accepted standard, resulting in an injury, the patient may seek damages to address both financial losses and intangible harm.
Economic Damages
Economic damages, also known as special damages, cover financial costs directly related to the malpractice. These include medical expenses, rehabilitation costs, and therapy required due to substandard care. Lost income can be recovered if the injury prevents the patient from working. They also can get damages for a reduction in their earning capacity, which is the amount of money they would have been able to earn if they had not been injured. Damages for future medical needs may be recovered if they’re supported by substantial evidence that projects the cost of ongoing care.
Economic damages tend to be relatively quantifiable. They might be proven through evidence such as medical bills, pay stubs, receipts, and expert testimony.
Non-Economic Damages
Non-economic damages, or general damages, address harm that does not have a direct monetary cost. These awards compensate for pain and suffering, emotional distress, and loss of enjoyment of activities. Evidence in support of these damages may come from the patient’s personal statements, accounts from family and friends, and reports from medical or psychological professionals.
Unlike economic damages, there is no universally applied formula to calculate compensation for intangible harm. For instance, imagine a patient who can no longer play with their children or engage in hobbies they once loved. This loss of enjoyment of life is a type of non-economic damages. It is very difficult to put a dollar amount on these types of damages. The judge or jury will simply approximate based on the evidence presented by both sides.
Punitive Damages
Punitive damages focus on punishing the defendant for extreme misconduct and deterring similar behavior. They’re not awarded in most cases. These damages require fault beyond ordinary negligence, often involving reckless disregard for safety or intentional wrongdoing. For example, if a doctor knowingly performs a dangerous and unnecessary procedure on a patient just to make money, that could be grounds for punitive damages. The burden of proof for punitive damages is often higher than for other damages.
Damages in Wrongful Death and Survival Actions
If malpractice leads to a patient’s death, surviving family members may bring a wrongful death claim to seek compensation for financial harm, such as their loss of future support from the victim. Some states also allow recovery for non-economic losses, such as lost companionship or guidance, although eligibility depends on each state’s wrongful death statute.
Meanwhile, a separate survival action allows the deceased person’s estate or heirs to recover damages that the patient could have pursued had they survived. This type of claim may include the deceased person’s medical bills up to the time of death and conscious pain and suffering attributable to the negligence.
