What Kinds of Compensation Can You Seek in a Medical Malpractice Lawsuit?

Any attorney can tell you that medical malpractice lawsuits are highly complex. To win your case, your attorney must be able to prove that your doctor failed to deliver the appropriate standard of care and that you suffered harm as a result.

Medical malpractice damages can include both economic and non-economic losses, such as medical expenses, lost wages, and pain and suffering. The main types of damages in medical malpractice cases are evaluated based on the specifics of each situation, as there is no standard formula and each case requires a personalized assessment.

If your case is successful, you may recover compensation for a number of different losses. While every case is different, the following are some of the most common types of compensation sought in medical malpractice lawsuits. Determining how much compensation you may receive depends on a variety of factors, including the severity of the injury and the types of damages available in your case.

Medical Expenses

When a care provider commits medical malpractice, the affected patient must often undergo additional medical procedures to correct the damage. For example, if a surgeon left a surgical tool inside your body, you would need further surgery to remove the foreign object. These additional procedures may include ongoing medical care required as a result of the malpractice.

Even if your medical expenses are the direct result of a medical professional’s error, you’ll typically be the one who gets stuck with the bill, which might be larger than you’d think. For instance, if you have surgery to remove a foreign object, you’ll likely be billed for the surgery itself, the hospital stay afterward, medications, and follow-up care.

For many people who file medical malpractice lawsuits, recovering compensation to cover past, present, and future medical bills is of paramount importance. Working with experienced Cincinnati personal injury attorneys can help ensure compensation also covers future medical care and future medical expenses, which are important considerations in many claims. If your case is especially costly, a fair settlement might prevent you from taking on medical debt.

Lost Wages

In some instances, your injuries due to malpractice may be so severe that you’re left permanently unable to work. Even if you heal completely, however, you’ll likely miss out on income during your recovery. Compensation may also be available for short term disabilities that temporarily impact your ability to work, even if these disabilities last six months or less. For severe injuries, that can easily mean thousands of dollars in lost wages.

In malpractice cases, plaintiffs often recover compensation for lost wages and estimated loss of future income. Determining lost future income can be tricky, so your attorney may call in economic and labor market experts to calculate how much you’re owed and explain that number to the court, especially when a provider with a history of continuing to practice after malpractice lawsuits has caused serious long-term harm.

Pain and Suffering

Much of the compensation recovered in a medical malpractice lawsuit is for monetary losses. However, if you’ve suffered at the hands of a negligent doctor, you know that the experience can impact more than your bank account.

In light of this fact, your attorney may be able to seek additional compensation for pain and suffering. "Pain and suffering" is a legal term used to describe non-economic damages in medical malpractice cases, such as:

• Physical pain
• Emotional distress
• Loss of enjoyment of life
• Inconvenience
• The psychological impact of being physically disfigured

Assigning a value to your compensation for pain and suffering can be complex. However, an experienced lawyer for medical malpractice can give you an idea of what you might be able to obtain and can also walk you through what to ask a lawyer for medical negligence before you decide how to move forward.

Loss of Consortium

Your medical malpractice case doesn't just impact you. If your ordeal has damaged your relationship with your spouse or another intimate relation, they may be able to file a claim for loss of consortium. Such a claim aims to compensate the victim's family members for their loss of companionship and support.

Disability and Impairment

Suffering a disability can be devastating, especially if it was caused by a medical professional. For an injured patient, a permanent disability can have especially significant impacts on daily life and future well-being.

If you become totally or partially disabled as a result of medical malpractice, you might be awarded payment for the disability’s impact on your life. This compensation often covers both financial and non-financial impacts, and in cases involving children, the rules for pediatric malpractice and what’s required to prove it can be especially important.

For example, if you’re confined to a wheelchair due to a procedure gone wrong, you could receive damages to modify your home—these home modifications are often necessary to accommodate new physical limitations—and purchase a wheelchair-accessible van. You would also likely be compensated for your loss of quality of life.

Wrongful Death Claims

When a patient tragically loses their life due to the negligence or improper performance of a healthcare professional, surviving family members may have grounds to file a wrongful death claim as part of a medical malpractice lawsuit. Understanding the scope of medical malpractice deaths per year underscores how especially devastating these types of medical malpractice cases are, as they involve not only the loss of a loved one but also the emotional and financial hardships that follow.

In wrongful death malpractice cases, compensation can be substantial. Families may be entitled to recover damages for the medical expenses incurred prior to the patient’s passing, as well as lost wages that the deceased would have contributed to the household. Additionally, compensation for pain and suffering is often available, recognizing the profound emotional impact and life loss experienced by those left behind, and many families ultimately resolve these claims through hospital wrongful death settlements.

A wrongful death claim in a medical malpractice context aims to provide financial support and a sense of justice for the patient’s family. While no amount of compensation can truly make up for such a loss, holding the responsible healthcare professional accountable can help families move forward and cover the costs associated with their loved one’s untimely passing. If you believe a medical malpractice incident led to the wrongful death of a family member, reviewing wrongful death examples that result in lawsuits and consulting an experienced medical malpractice attorney are crucial steps toward seeking the compensation and closure your family deserves.

Legal Fees and Costs

While not always the case, you might be reimbursed for your attorney's fees and court costs if you win your case. These fees can add up quickly, especially if your case goes all the way to court or takes several years to resolve, so it helps to understand how much attorney fees are and what expenses they include.

FAQ

How Much Does It Cost to Work With an Attorney for Medical Malpractice?

Most medical malpractice lawyers work on contingency. This means that you'll pay nothing up front. Instead, you'll agree to pay your lawyer a certain percentage of any compensation you receive. If your attorney doesn't win your case, you'll owe nothing.

How Much Is My Case Worth?

Many factors go into determining the value of a medical malpractice case, so without knowing the specifics, it's impossible to say how much yours may be worth in detail.

How Long Does a Malpractice Case Take?

Because medical malpractice cases are so complex, they generally take longer than the average personal injury case. Malpractice cases often take a year or more to settle. If your case must be decided in court, it may take two to three years or even longer.

Get Help Filing Your Medical Malpractice Lawsuit

If you think you may have a viable medical malpractice case, the best thing you can do is to contact a qualified attorney. A skilled malpractice lawyer can quickly assess your situation and tell you whether you're likely to succeed.

At The Moore Law Firm, we're dedicated to protecting and advocating for injury victims. A doctor who has committed malpractice has betrayed your trust. Our award-winning team is supported by talented staff drawn to our mission, and those interested in joining us can explore careers at The Moore Law Firm as we work to help you hold negligent providers accountable.

Call us or get in touch online today to book your free consultation.