Damages in Medical Malpractice Lawsuits
When a patient is harmed by the negligence of a healthcare provider, a medical malpractice lawsuit may be necessary to obtain justice and compensation. A critical component of these lawsuits is the concept of "damages," which refers to the monetary compensation awarded to the injured patient (the plaintiff) for the losses they have suffered.
Types of Damages
There are three primary categories of damages that may be awarded in a medical malpractice case:
- Economic Damages: Also known as special damages, these are quantifiable financial losses directly resulting from the medical negligence. They are intended to make the plaintiff "whole" again from a financial perspective. Common examples include:
- Medical Expenses: This includes all past, present, and future medical costs related to the injury, such as hospital bills, surgeries, medication, rehabilitation, and therapy.
- Lost Wages and Earning Capacity: If the injury prevents the patient from working, they can be compensated for the income they have lost. If their ability to earn a living in the future is diminished, they can also receive damages for this loss of future earning capacity.
- Other Out-of-Pocket Costs: This can include expenses for things like home modifications, assistive devices, and transportation to medical appointments.
- Non-Economic Damages: Also known as general damages, these are more subjective and compensate the plaintiff for the non-financial losses they have endured. These damages are often more difficult to calculate but are a significant part of many medical malpractice awards. They include:
- Pain and Suffering: This encompasses the physical pain and discomfort caused by the injury.
- Mental Anguish: This includes anxiety, depression, fear, and other psychological impacts of the malpractice.
- Loss of Enjoyment of Life: This compensates for the inability to participate in hobbies, recreational activities, and other aspects of life that the patient previously enjoyed.
- Punitive Damages: Unlike economic and non-economic damages, which are intended to compensate the plaintiff, punitive damages are designed to punish the defendant for particularly egregious or reckless conduct and to deter similar behavior in the future. These damages are typically reserved for rare, extreme situations when the healthcare provider's actions were malicious or fraudulent or showed a conscious disregard for the patient's safety.
Damages in Wrongful Death Cases
When medical negligence results in a patient's death, the legal claims are brought by the surviving family members or the patient's estate. The damages are sought through two distinct types of legal actions:
- Wrongful Death Claim: Close family members (such as a spouse, children, or parents) may recover damages for their own losses, such as the loss of the deceased's future financial support, loss of companionship and guidance, and the costs of funeral and burial expenses.
- Survival Action: The deceased person's estate may recover damages that the patient could have pursued had they survived. These typically include the cost of medical bills incurred between the act of malpractice and the time of death, as well as compensation for any conscious pain and suffering the patient endured before they passed away.
How Damages Are Calculated
The calculation of damages in a medical malpractice lawsuit can be complex and often involves the testimony of expert witnesses.
Economic damages are typically calculated by presenting concrete evidence such as medical bills, pay stubs, and expert projections of future medical needs and lost income. Economists may be asked to calculate the present value of future losses.
Non-economic damages are more challenging to quantify. Juries are often instructed to use their judgment and experience to arrive at a fair and reasonable amount. The severity and permanence of the injury are key factors in the assessment.
Caps on Damages
A significant legal issue in medical malpractice cases is the existence of statutory caps on the amount of damages that can be awarded. These caps vary widely from state to state and can significantly affect the total compensation a plaintiff receives.
Most states that have damages caps limit the amount of non-economic damages. Some states also have caps on the total amount of damages that can be awarded. It is crucial to be aware of the specific laws in your state, since they are subject to changes and legal challenges. For instance, some state supreme courts have ruled that caps on damages are unconstitutional.
Important Legal Doctrines Affecting Damages
Two other important legal concepts that can affect the final amount of damages a plaintiff receives are the collateral source rule and subrogation.
- The Collateral Source Rule: This rule generally prevents the defendant from introducing evidence that the plaintiff has already been compensated for some of their losses by a "collateral source," such as their own health insurance or disability benefits. The rationale is that the wrongdoer should not benefit from the victim's foresight in having insurance. However, many states have modified or abolished this rule in medical malpractice cases, allowing the jury to consider these other payments.
- Subrogation: This is the right of an insurance company that has paid a claim to step into the shoes of their insured and recover the amount they paid from the at-fault party. If a plaintiff's health insurance pays for their medical bills, and they later receive a settlement or verdict that includes compensation for those same bills, the insurance company may have a right to be reimbursed from that award.
