What Damages Can Your Lawyer Demand in a Medical Malpractice Case?

If you have suffered injuries due to a medical error, you understand the pain and frustration that comes from trusting a healthcare professional only to have your health compromised. With the assistance of an experienced Douglasville medical malpractice lawyer, you can recover the compensation you deserve.

We’ll explore the types of damages in a medical malpractice case and how an experienced attorney can help you.

Economic Damages in Medical Malpractice Cases

When it comes to medical malpractice cases, one of the key areas where victims may seek compensation is through economic damages. These damages are designed to cover financial losses that have resulted from the malpractice, including:

  • Hospital bills
  • Future medical care costs
  • Lost wages
  • Prescription medication
  • Physical therapy
  • Rehabilitation costs.

Calculating economic damages requires careful consideration and evaluation. Your attorney will gather evidence such as medical records, expert testimony, and paychecks to determine the extent of your financial losses accurately.

An experienced Douglasville personal injury attorney will document your economic losses and fight for the compensation you deserve.

Loss of Future Income and Future Medical Expenses

In medical malpractice cases, one of the key aspects your lawyer will focus on is seeking compensation for your loss of future income and ongoing care. This is crucial because the effects of medical negligence can have long-lasting consequences on your ability to work and take care of yourself.

Your lawyer will gather evidence to demonstrate how the negligence of a healthcare provider has led to your diminished earning capacity. They will consider factors such as your current occupation, education level, skills, and experience in order to determine the impact on your future income.

If you require continued medical treatment or assistance due to a doctor’s negligence, your lawyer will seek compensation for these costs. This can include things like medication costs, rehabilitation services, home healthcare aids, or modifications needed to accommodate any disabilities resulting from the malpractice.

Seeking adequate compensation for these damages is vital in ensuring that you receive proper financial support in the long term.

Non-Economic Damages

Assessing non-economic damages can be challenging as they don’t come with a fixed price tag like medical bills or lost wages. Instead, your Douglassville personal injury attorney will evaluate these damages based on factors such as the severity of injuries, impact on quality of life, duration of suffering, and emotional trauma experienced.

damages in a medical malpractice case

Insurance companies use two common methods to determine the value of pain and suffering damages.

One way is the multiplier method. This involves assigning a number (usually between 1 and 5) to represent the severity of the injuries or harm caused. The actual economic damages (such as medical bills and lost wages) are then multiplied by this number to determine an appropriate amount for non-economic damages.

Another approach is known as the per diem method. With this method, a daily rate is established based on factors like age, occupation, and overall health before the incident occurred. This daily rate is then multiplied by the estimated length of time it will take for the victim’s injuries or condition to heal or improve.

If your medical malpractice case goes to trial, the court will decide the amount of non-economic damages. Your lawyer will use evidence like testimony from your doctor to demonstrate that you deserve damages for pain and suffering.

Punitive Damages

Unlike economic and non-economic damages, which are meant to compensate the victim for their losses, punitive damages serve a different purpose. They are intended to punish the defendant for their egregious conduct and deter others from engaging in similar actions.

In order for punitive damages to be awarded, it must be shown that the healthcare provider acted with willful misconduct, malice, fraud, oppression, or an “entire want of care” that suggests an “indifference to consequences.”

If you believe you have been a victim of medical malpractice in Douglasville, it’s crucial to consult with an experienced personal injury lawyer who can evaluate your case and determine what types of damages may be available to you. They will fight tirelessly on your behalf to seek justice and fair compensation for your injuries.

Caps on Punitive Damages in Georgia

In most personal injury cases, the cap on punitive damages stands at $250,000. However, there are exceptions. For example, if the defendant acted with the specific intent to cause harm or was under the influence of drugs or alcohol at the time of negligence, there is no limit on punitive damages.

Let a Skilled Douglasville Injury Attorney Help You!

When pursuing a medical malpractice case, it is essential to have an experienced Douglasville personal injury lawyer by your side. They will evaluate your damages and navigate the complex legal process on your behalf. With their knowledge and expertise, they can help you build a strong case and fight for the justice and compensation you deserve.

Remember, when it comes to seeking justice for medical malpractice, having the right legal representation can make all the difference in achieving a favorable outcome. Since we offer each new client a free case review, you have nothing to lose.

Reach out to our team at Hartley, Rowe & Fowler today. Let us guide you through this challenging time and ensure that your rights are protected. Call us at 678-825-6004 to schedule your free consultation!

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