Trial Attorney Blog
Understanding the intricacies of damages is crucial in legal battles concerning medical malpractice.
These cases involve compensation for various losses incurred by the plaintiff due to negligent medical care.
Contrary to popular belief, the scope of damages in a medical malpractice case is not vastly different from those in typical personal injury cases.
Both general and special damages constitute the core elements of compensation that a plaintiff is entitled to recover.
General Damages: Pain, Suffering, and Beyond
General damages encompass a broad spectrum, including physical and mental pain, suffering (both past and anticipated), and the compromised ability to work, labor, and earn.
These elements, constituting what we define as pain and suffering, are awarded to compensate for non-monetary hardships experienced, whether they stem from mental, physical, or combined afflictions.
Determining the value of these damages lies in the hands of the jury, who, guided by an enlightened consciousness of fairness, decide the compensation owed.
If it’s evident that the plaintiff will endure continued physical or mental suffering resulting from the injuries in the future, the jury might grant damages for anticipated pain and suffering.
Additionally, a plaintiff’s diminished capacity to work and earn wages falls within general damages, supplementing the pain and suffering award.
Special Damages: Delving into Financial Losses
Special damages, particularly in medical malpractice cases, can extend extensively.
Hospitalizations spanning weeks to months, and in severe cases, over a year, often result in extraordinary medical expenses.
These expenses fall under special damages and cover costs such as past, present, and future medical bills, lost wages, potential future earnings, and lost profits.
Quantifying future medical expenses often necessitates the expertise of a life-care expert and economist.
These professionals assist the plaintiff’s counsel estimate the costs that might arise due to the malpractice.
While past expenses are generally quantifiable, proving future damages typically requires the insight of financial experts.
For lost wages, evidence regarding the plaintiff’s compensation rate at the time of malpractice and the duration of absence from work is essential to prevent speculative claims.
Unemployed individuals at the time of the incident are not entitled to special damages for loss of earnings.
Wrongful Death Claims: A Different Dimension
In the context of wrongful death, the measure of damages shifts to compensating for the total value of the deceased individual’s life.
This includes economic values based on the deceased’s life expectancy and intangible elements that are challenging to quantify precisely.
Two separate claims usually arise in wrongful death cases.
One focuses on the loss suffered by the deceased, while the other pertains to claims that would have accrued to the deceased had they lived.
The latter encompasses medical expenses before death, funeral expenses, conscious pain and suffering, and if applicable, punitive damages.
Seeking Legal Assistance
When medical malpractice affects you or a loved one in Atlanta or across Georgia, seeking guidance from experienced medical malpractice attorneys becomes imperative.
These professionals can navigate the complexities of the legal system and ensure rightful compensation for the damages incurred.
Should you have a matter you wish to discuss, don’t hesitate to contact the Georgia medical malpractice attorneys at Finch McCranie LLP for a comprehensive and free consultation at 404-658-9070.
Understanding the intricate facets of damages in medical malpractice cases is pivotal in securing rightful compensation for the suffering and losses endured.
Conclusion
Navigating the complexities of damages in medical malpractice cases is crucial to ensure fair compensation for the physical, emotional, and financial toll inflicted by negligent healthcare.
From general damages covering pain and suffering to special damages encompassing extensive medical expenses and lost wages, each element requires meticulous consideration and expert evaluation.
Understanding these intricate facets forms the cornerstone of securing rightful compensation.
Therefore, seeking the counsel of experienced medical malpractice attorneys is essential.
At Finch McCranie LLP, our team advocates for those affected by medical malpractice in Atlanta and throughout Georgia.
For a comprehensive consultation to discuss your case and explore legal options, don’t hesitate to contact us at Finch McCranie LLP.
Our dedicated team is committed to navigating the legal complexities on your behalf and ensuring that justice is served.
FAQs
What types of damages can be recovered in a medical malpractice case?
In a medical malpractice case, general and special damages can be recovered. General damages typically cover pain and suffering, both past and future, as well as the diminished capacity to work and earn money. Special damages include medical expenses (past, present, and future), lost wages, future earnings, and profits.
How are future medical expenses determined in a medical malpractice case?
Proving future medical expenses often requires the expertise of a life-care expert and economist. These professionals assist in quantifying the potential costs of future medical care arising from the malpractice in question.
Can I recover damages for lost wages if I was unemployed during the incident in a medical malpractice case?
Generally, a plaintiff must provide evidence of their compensation rate during the malpractice and the duration of absence from the workplace to claim lost wages. If an individual wasn’t employed or earning wages at the time of the incident, they may not be entitled to recover special damages for loss of earnings.
What damages are recoverable in a wrongful death claim?
Wrongful death claims aim to compensate for the total value of the life of the deceased. This includes economic values based on the deceased’s life expectancy and intangible elements. Additionally, separate claims can be made for medical expenses before death, funeral expenses, conscious pain and suffering, and punitive damages.
How can an attorney help in a medical malpractice case?
Experienced medical malpractice attorneys can navigate the legal complexities, gather evidence, consult with experts, and advocate for affected individuals. They play a crucial role in ensuring fair compensation for the damages incurred due to medical negligence.