Lost Wages And Medical Malpractice Lawsuits


If a plaintiff has a successful medical malpractice claim, there are two types of compensation for which they are eligible. One of those types is economic damages. Economic damages are awarded to a plaintiff in order to compensate them for their financial expenses and losses that resulted from the physician defendant’s negligence.

There are several types of economic damages awarded in successful medical malpractice lawsuits. These include:

Medical Expenses – injured patients are entitled to damages for the cost of their medical care and treatment for the injuries they sustained due to the defendant’s negligence. The plaintiff must show that the care and treatment were reasonably necessary for the injuries they sustained and were proximately caused by the negligent actions or omissions of the medical professional.

Future Medical Expenses – if the medical malpractice case involves catastrophic injuries requiring a lifetime of medical care, then the amount of future medical bills may also be awarded.

Lost Wages – plaintiffs are also entitled to compensation for lost wages due to the negligence of the defendant. It must be proven that the injuries that the plaintiff suffered prevented him or her from earning the wages that are being sought.

Loss of Earning Capacity – if the plaintiff is able to prove that the harm the defendant’s negligence caused compromised the ability of the plaintiff to earn wages in the future, he or she may be entitled to an award for lost earning capacity. Factors that will be considered include the plaintiff’s health, age, training, occupation, past earnings, and life expectancy. However, the claim will most likely examine what the plaintiff could have earned had they never been injured.

Economic medical malpractice damages are considered special damages. In order to recover these damages, evidence of the losses sustained needs to be show, as well as a demonstration of the amount of money involved. For help in calculating and demonstrating economic losses after a medical malpractice incident, contact an experienced Kingston, New York medical malpractice attorney as soon as possible to evaluate your case.

But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at jfisher@fishermalpracticelaw.com. You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.