Serving The Injured In New York And Pennsylvania

What damages can you recover in a medical malpractice case?

On Behalf of | Dec 14, 2022 | Medical Malpractice

Do you think you were harmed by your doctor’s negligence? If so, you’re probably dealing with a lot right now. Your injuries may have left you with extensive pain and suffering as well as limited mobility, and the need for additional medical care may have eaten away at your savings and left you with a bleak financial future.

You’re probably also looking for a way to find some accountability. The good news is that you may be able to hold the medical professional who treated you liable for your injuries. You may even be able to successfully pursue a claim against their employer. But what, exactly, can you recover from a medical malpractice lawsuit? Let’s take a look.

Recoverable damages in a medical malpractice case

Recoverable damages are broken down into two broad categories: economic and non-economic damages. If your injuries were caused by medical malpractice, there’s a good chance that you’re entitled to both kinds of compensation, but let’s look at each in turn so that you better understand how to approach them in your case.

Economic damages

These are losses that you can put a number on. They include incurred medical expenses, anticipated medical expenses, rehabilitation costs, lost wages and lost earnings capacity. These damages can be significant, but the burden is on you to prove them. So, as you proceed with your case, you’ll want to make sure that you do each of the following:

  • Follow your doctor’s recommendations so that you have a record of your need for treatment and anticipated care.
  • Secure medical records that show the extent of your treatment as well as the costs associated with that care.
  • Retain your employment records, including pay stubs.
  • Identify and speak with experts who may be able to help you portray your need for ongoing care and how your injuries have impacted your ability to work and advance in your career.

Be diligent here. Don’t take anything as a given. After all, the defense is going to try to minimize your damages as much as possible.

Non-economic damages

These are damages that aren’t as easy to calculate because they’re non-financial in nature. These losses include pain and suffering, loss of enjoyment of life and mental anguish. Given the subjective nature of these damages, they’re often hotly contested. Here are some things that you can do, though, to strengthen your argument for these types of damages:

  • Keep a written journal of how your injuries have negatively impacted your life on a daily basis.
  • Talk to family and friends who can attest to how your life has changed after being injured by your medical provider.
  • Consider what you’d hoped to be able to do in life but are likely no longer capable of accomplishing.

The more detailed you can be here the better. You want to paint a clear picture for the judge and jury so that they have a full understanding of the harm that you have experienced.

Crafting the strong legal arguments that you need

Inadequately presenting your arguments as they pertain to damages can completely disrupt the purpose of your case. And you certainly don’t want to be left without the financial resources that you need. That’s why if you’ve been hurt by medical malpractice, you might want to think about reaching out to a legal team that is prepared to advocate for your interests in every aspect of your case.