What Kinds of Damages Can You Include in a Medical Malpractice Claim?

June 13, 2023
surgical team during operation

If you've been a victim of medical malpractice in South Carolina, you may be entitled to compensation for the associated damages, which may include both economic and non-economic losses. Since putting together a compelling claim is a lot of work, though, you’re probably wondering whether taking action has the potential to be worth it.

To help you decide, let’s take a look at the kinds of damages you’ll be able to seek compensation for by filing a claim:

1. Medical Expenses

The medical expenses that stem from the malpractice will probably be one of the most significant damages you incur. Even with adequate health insurance, you may find yourself on the hook for tens of thousands of dollars—or more—in costs associated with the subsequent treatments you need.

2. Lost Income

If you’re unable to work while recovering from the incident, you can include the wages you lose in your personal injury claim. And if your doctor’s mistake causes any permanent disabilities that keep you from ever returning to work again? Then, you can also seek compensation for lost earning capacity.

In such a scenario, your legal team will want to consult with both economists and vocational experts to determine a reasonable figure (or at least a starting point) for such a substantial damage.

3. Pain and Suffering

Pain and suffering are non-economic damages that can be difficult to calculate but are nevertheless an important part of most medical malpractice claims. Since they’re also intangible, they can be challenging to prove; however, there are a few widely accepted ways to demonstrate their extent, including journal entries, witness statements, and psychological evaluations.

4. Diminished Quality of Life

Loss of enjoyment in life is another common non-economic damage that victims of medical malpractice incur. While it can be difficult to prove, it’s worth including in your claim if you feel it’s a significant loss. This will allow you to seek the maximum payout possible.

5. Loss of Consortium

If your injuries have had an impact on your relationship with your spouse, he or she may be entitled to compensation for loss of consortium. This can include a loss of companionship, affection, and sexual relations.

6. Punitive Damages

Most medical malpractice claims do not warrant punitive damages. There are some scenarios, however, in which the patient can secure a punitive award in addition to the standard compensatory damages. If your provider intentionally took measures to hide the malpractice, for example, then punitive damages may be in order.

Call 864-585-3873 to Speak with a Medical Malpractice Attorney in South Carolina

If you have reason to believe you were the victim of medical malpractice, turn to Hodge & Langley Law Firm to determine how best to proceed. We’ll use all the resources at our disposal to investigate the situation, gather compelling evidence, and ultimately help you hold the liable parties accountable. To schedule a free initial consultation with one of our South Carolina medical malpractice lawyers, call 864-585-3873 or fill out the Contact Form on our website.



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