Understanding Medical Malpractice And Compensation

Introduction

Medical malpractice is the third leading cause of death in the United States. If you or your loved ones are victims of medical malpractice, you are entitled by law to appropriate compensation for your suffering, be it physical, emotional, or financial. The compensation also serves as punitive damages in some states, so that the offending doctors are punished for their malpractice. To help you better understand your situation, we will explain the different types of damages and how they are compensated. 

What Is Medical Malpractice?

Medical malpractice occurs when a doctor or healthcare worker inflicts harm on the patient through negligence or medical error. A few common medical malpractice cases include surgery on incorrect body parts, surgical tools left in the patient after surgery, medications or anaesthesia errors, and misdiagnosis.      

Types Of Malpractice Damages

Damages for medical negligence can be sorted into two main groups –– economic and non-economic damages. Economic damages are measurable financial losses caused directly by the doctor’s malpractice. The economic impacts are costs incurred, such as medical bills and lost future earnings. On the other hand, non-economic damages are subjective and harder to calculate as they cannot be quantified with official documentation and bills. On the contrary, non-economic damages take into account the intensity and duration of the pain, as well as other factors of suffering.

General Damages

General damages refer to monetary compensation for the physical and emotional suffering that cannot be quantified. The compensation should match the nature and expected duration of your suffering. General damages include permanent physical damages such as chronic pain, disability, and disfigurement. It also covers mental health-related damages, including strong emotions of anger, despair, or an impaired emotional state that prevents you from enjoying life. Psychosomatic disorders such as sexual dysfunction and sleep disorders also qualify as general damages. It also covers damages to your social life and relationships, which may result in social isolation.

Special Damages

As opposed to general damages, special damages are more specific and easily calculated. Special damages can be calculated through medical bills, such as providing remuneration for the treatment of injuries caused by malpractice. Alternatively, it can include the loss of earnings during the duration of your injury or condition, or the total earnings in your lifetime if you have lost the ability to work.

The projected loss of earnings in the future considers the victim’s life expectancy and present value. Present value is the current value of a sum of money to be paid in the future, not factoring in inflation. Life expectancy, which is the average period that a person is expected to live, is calculated based on statistics provided by the federal government, as well as factors such as lifestyle, medical and family history. This also can be determined by demographic information including race, gender, and age. Hence, calculating a patient’s loss of earnings can be more tricky and complicated. 

Punitive Damages

Under special circumstances, punitive damages not only aim to provide compensation but also punish the offending doctors for their malpractice. Though the jury can decide on the number of punitive damages paid, the judge has the final say. Most judges will not award the plaintiff more than ten times the combined cost of special and general damages. 

For example, a doctor was caught misreading his patients’ EEG and misdiagnosing them with epilepsy in childhood to increase his pay. Such a scenario warrants punitive damage for purposefully performing unnecessary procedures and misdiagnosing patients for the doctor’s gains. 

Damages For Death In Medical Malpractice

If your loved one passes away due to medical malpractice or negligence, you’re able to file a lawsuit against the hospital and doctor who was responsible for the death. As such, we’ve listed two main types of damage claims that can be made here.

Wrongful Death Damage  

Wrongful death damage covers the mental toll the death has on the deceased’s loved ones, as well as the loss of the deceased’s earning capacity. The deceased’s projected future earnings, expenditure, personal finance habits, and lifestyle choices are considered when calculating wrongful death damage. However, compensation for non-economical charges under the wrongful death damages varies from state to state. 

Survival Damage

Survival damages occur between the point of malpractice up until the patient’s death. These include medical expenses, loss of earning as well as financial compensation for emotional suffering. Survival damages are calculated in the same way as general and special damages and are usually awarded to the patient’s heir. 

Caps On Compensation

The laws that limit the amount of compensation that can be awarded for damages due to malpractice vary widely. In some states, only non-economic damages such as emotional and mental distress or permanent disfiguration are entitled to compensation. In other states, both economic and non-economic damages can be compensated. 

Case Examples 

Thousands of malpractice cases occur each year. Here are a few examples of malpractice-related court cases where the plaintiff was compensated. 

Just this December, a family in Nebraska is to be awarded USD 26 million in damages by the jury. Their five-year-old daughter suffered severe brain injuries due to seizures that occurred after she was wrongfully discharged. The victim required around-the-clock care and should not have been discharged in the first place. Part of the compensation was meant to pay for the daughter’s medical care in the future. 

Another patient received USD 97,000 in damages. During surgery to remove an abdominal tumour, a 13-inch metal retractor was left inside his body. The mistake was only discovered two months later, during which the patient had to endure the pain. 

Hundreds of patients were misdiagnosed with epilepsy and prescribed unnecessary medication by a Michigan doctor. The doctor’s salary increased if he met certain billing targets. One of the victims was awarded USD 2.8 million in damages by the jury. However, the damages are likely to be reduced to meet the state’s limits on the maximum damages that can be paid. 

Conclusion

Medical malpractice has the potential to cause you and your loved ones to suffer great physical, emotional and mental suffering. Some damages such as disfigurement, chronic pain, or decreased earning capability cannot be healed with time. Though calculating the financial cost of such damage is complicated, you nonetheless deserve to be fully and appropriately compensated for your suffering. Moreover, this compensation will also punish the offending doctor and deter future cases of medical malpractice Hence, it is best to contact a lawyer and a medical economist who can act as a witness for your case, to ensure that the process is as smooth-sailing as possible for you.