What Damages Can I Claim in a Medical Malpractice Lawsuit?

Medical malpractice can injure a patient severely, and even cause his death.

Such injuries are often traumatizing and impact the entire family. The victim may have to spend a considerable amount of funds on prolonged and extensive medical treatment for the injuries arising out of medical malpractice. They may also lose wages because of their inability to go to back to work. Aside from the physical pain and financial losses, the victim and his family also go through mental and emotional trauma.

Who May Claim Damages?

Missouri law entitles the victims of medical malpractice to claim damages from the doctor, hospital, or any other health care provider that acted negligently and caused injuries. If a patient dies as a result of the medical malpractice, their family or heirs may claim damages.

Medical malpractice lawyers understand that most victims of medical malpractice are unaware of their rights, and often fail to get adequate compensation for their injuries. If you are a victim of medical malpractice, being unaware of the damages you can claim will be to your disadvantage. In this post we will outline some damages that can be claimed.

These are the damages that patients or their families can recover in medical malpractice lawsuits in Missouri. In order to receive compensation the victim will have to prove:

• medical negligence resulted in some kind of harm to the patient
• that the damages can be given a monetary value

Types of Damages

Three different types of damages can be recovered in a medical malpractice lawsuit:

General damages: These damages compensate for the pain and suffering that cannot be quantified. It includes damages for:

• Loss of future earning capacity.
• Loss of enjoyment of life
• Mental and physical pain and suffering

Usually, it is hard to put a dollar value on such damages, and it takes expert testimonies to prove the consequences of the victim’s injury.

Special damages: These include more easily quantifiable expenses resulting out of medical negligence including medical expenses and wage loss. It also includes all future medical expenses resulting out of the injury.

Punitive damages: If the victim is able to prove that the act of the doctor was intentional, he may be entitled to punitive damages as well. To put simply, if the doctor knew that his actions would harm the patient in some way, but he still went ahead with it, he will be liable to pay punitive damages.

Some states have caps on the damages that can be claimed in a medical malpractice cases. Recently, the Missouri House has passed a measure to cap non-economic damages in medical malpractice lawsuits at $350,000.

St. Louis Medical Malpractice Lawyers

If you are a victim of medical malpractice seeking damages for your injury, contact a medical malpractice lawyer at the Zevan and Davidson Law Firm. We can help you determine the damages you can recover, and will fight to get you the compensation you are entitled to under Missouri law.

To schedule a free and private consultation call (314) 588-7200.

photo credit: mikecogh via Flickr