All victims of medical malpractice feel that they are entitled to compensation for the damages they’ve suffered, but just how much is a claim worth?  Each situation is different, so the outcomes will likely be just as unique; however there are certain things that most successful malpractice claims will net for the victim.

Injuries suffered.  At the core of most medical malpractice lawsuits are the injuries that the victim has suffered as a result of a doctor’s negligence.  In cases that are settled or won in court, the patient is usually compensated based on the severity of the injury or damages.  If the injuries are minor or temporary, the award will likely be smaller, just enough to cover medical expenses and possibly some pain and suffering.  Permanent injuries will obviously net a larger result because the award is typically meant to cover past as well as future medical expenses and a greater amount of pain and suffering to the victim.

Lost wages. If it can be adequately proven in court that the injuries suffered by the patient caused them to miss work, the monetary award may include compensation for those lost wages.  It might also include an estimate of future lost wages if it is clear that the injury will continue to hinder the patient from working in the future.

Medical bills.  Some injuries require further treatments to heal or be corrected, such as additional surgeries or physical therapy.  These procedures can be costly and, if the injury occurred through a doctor’s negligence, the patient should not be held responsible for paying.  For this reason, past, present and future (estimated) medical expenses will probably be figured into the total amount of the award.

Out of pocket expenses. In addition to medical bills, victims of malpractice are often faced with having to make adjustments to their everyday life to adapt to their injuries.  Expenses such as purchasing medical equipment, hiring in-home healthcare assistance, and making changes to the home necessary to accommodate the victim’s impairments are all considered out of pocket expenses and are often included in when calculating how much compensation the victim will receive.

Pain and suffering. This is probably the most difficult part of an injury to prove because it’s something that one cannot place a specific price tag on.  The severity and nature of the injury is usually the deciding factor as to whether or not a medical malpractice settlement will include monies for pain and suffering.  Obviously, someone who now suffers from a permanent disfigurement or paralysis will likely receive more toward their pain and suffering than someone who suffered only minor and temporary damages.

While it’s impossible to truly estimate how much your individual medical malpractice claim is worth, or even if it will be successful, discussing your situation with an experienced medical attorney can help give you a better idea of what to expect and guide you in the right direction toward the next step in the process.

This entry was posted on Wednesday, July 8th, 2009 at 12:47 pm and is filed under Medical Malpractice. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.