Medical negligence cases involve the same type of damages as any other negligence-based case. If negligence that caused harm is proven, the law indicates that you can be compensated for the following three categories of damages: (1) medical expenses; (2) lost earnings; and (3) non-economic damages. Under certain circumstances, you may also be able to recover punitive damages if your claim involves willful or wanton conduct or intentional reckless indifference.
Most people have heard the term “pain and suffering.” Pain and suffering is just one of the non-economic damages that a plaintiff can recover in a medical malpractice case. The law recognizes that a person injured by another person’s irresponsible conduct suffers more than just physical injuries. The jury will be asked to determine an amount of money to compensate for the following: (1) pain and suffering; (2) embarrassment and humiliation; (3) loss of the ability to enjoy the pleasures of life; and (4) scarring and disfigurement.
If the medical malpractice results in death, then the case will be brought under the Pennsylvania Wrongful Death Act and the Pennsylvania Survival Act. Under the Wrongful Death Act claim, which is the claim brought by the surviving family, the damages recoverable are: (1) past medical expenses related to the negligence; (2) funeral, burial, and estate administration expenses incurred; (3) loss of any monetary contributions the decedent would have provided to the immediate family; and (4) non-economic damages (loss of companionship, loss of services, loss of guidance, tutelage, and moral upbringing). Under the Survival Act claim, which is the claim brought by the decedent’s estate, the damages recoverable are: (1) lost earnings; and (2) past non-economic damages (pain and suffering, etc.).
As with any negligence case, it is important to have an attorney with expertise an vast experience. These types of cases are complicated and expensive to pursue. The lawyers at KBG Injury Law can answer your questions regarding medical malpractice claims and provide advice as to how to investigate and pursue the case. If you would like a free consultation, you can call us at 1-800-509-1011 or schedule a free consultation.