Beyond just medical expenses, what other types of damages can I potentially recover in a successful medical malpractice case?

Damages in medical malpractice can be all-encompassing. This is because the law works to make you whole again in a manner that is both reasonable and exhaustive. The idea here is to make sure that your life is not interrupted by the negligence of a defendant, and if it is, you are returned to a state that you previously were in prior to your injury or condition. To this end, you can recover different forms of damages, with the first one being loss of earning capacity, or lost wages. This refers to income you lost or forewent as a result of your injuries caused by the healthcare provider’s negligence. If your case involves a permanent impairment or disability, you may also be able to collect for future earning capacity.

Next, pain and suffering is a form of damages attributed to personal injury lawsuits and this refers to any emotional distress, physical pain as well as diminished quality of life that can be attributed by the fallout of the negligence which caused your health injury or condition. Just like with lost wages, pain and suffering damages takes into account future states and the pain you may have to endure in your life going forward.

Third, is disfigurement and disability. Far from being vanity, our looks and the way we present ourselves to the world is a key part of our self-esteem or self worth. Diminished self-esteem can have a knock-on effect on all aspects of our lives, from our health, to work performance, as well as interpersonal relationships. Therefore, a monetary value can be apportioned to this form of suffering which can go into paying for assistive technology such as wheelchairs, crutches, braces as well as therapy and even reconstructive surgeries.

Loss of consortium is also another form of damages you can recover and this is defined as the loss of support, companionship and intimate connections you would have continued you have if the injury did not have happened.

Lastly, punitive damages are monetary payouts that will be awarded if it is determined that the healthcare provider acted in a manner that was particularly egregious or reckless and with wanton disregard for your safety in order to prevent such behavior from the provider and others by sending a strong zero tolerance message.