Medical Malpractice Damages Can Be More Than Just Pain And Suffering


Yesterday I posted a long blog post about all of the medical malpractice caps in the United States for each state.  This was important for people to see how some states actually lower or restrict what a victim can obtain for compensation.  It is actually horrible when a victim with a $3 million of damages has their verdict reduced to just $250,000.  It is inequitable and some states have found it actually unconstitutional.

But when we talk about damages in medical malpractice cases, what is that?

Damages in a medical malpractice case can be very large.  The most common and what most people think of are damages for pain and suffering.  This includes past pain and suffering before the trial or time of settlement, and future pain and suffering which is what the victim will endure for the rest of his or her life.  This is the most common type of damages.

There are slow other types of damages which are lesser known.  For example, most people know about lost wages that a victim will have when he or she is recovering from the medical malpractice and cannot work.  The victim can get what he or she lost from work.

But there is also lost earnings.  When a victim can no longer do the same work and has to take a different job with longer income, the victim can obtain the difference between the two incomes as lost earnings damages.

A victim can also get his or her medical expenses and bills paid for.  This is a very important thing as well, because some medical expenses can be extremely expensive.

Victims can also get their future medical expenses, such as for future surgeries, medications, or treatment.  This includes all future medical procedures that can be proved and are able to be established.