Case Study Medical Malpractice Lawsuit

Finally, many states also have statutes that limit the amount the patient's attorney can charge for a malpractice case.

Get the details: State-by-State Medical Malpractice Damages Caps.

The calculation is more thorough than a simple projection of future salary -- it also considers factors like the patient's spending, saving, and working habits.

Compensation for the family's loss of companionship or emotional harm is typically not allowed under the wrongful death statues, although recently some states have allowed that kind of recovery.

These damages generally include everything allowed in a malpractice suit had the patient survived, except for damages relating to the future, like earning capacity.

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Some survival statutes also provide for recovery of funeral expenses, although this is usually part of the wrongful death statute. Wrongful death statutes are designed to compensate the patient's family for their future monetary loss.All states have laws determining what damages can be recovered if the medical malpractice results in the patient's death.These are called survival statutes and wrongful death statutes. Survival statutes allow the deceased patient's heirs or estate to recover damages that occurred during the time period from the initial medical malpractice to the death of the patient.Or, you can go to Nolo's Lawyer Directory for a list of personal injury attorneys in your geographical area (click on the "Types of Cases" and "Work History" tabs to learn about a particular lawyer's experience, if any, with medical malpractice claims).Personal Injury Law Medical Malpractice Claims Do You Have a Personal Injury Case?An expert might testify (give evidence) about the usual consequences of the patient's injury.If the patient is relatively young and will be impaired long term, expert testimony about how to estimate the value of lost earning capacity may be necessary. It is important to note that simple errors may not be considered malpractice—the healthcare professional must have acted in a way that a competent professional would not act.Medical negligence occurs when a healthcare professional—including doctors, nurses, dentists, surgeons or other medical professionals—conduct their job duties in a manner that does not meet the accepted medical standard of care. Francis) 100 percent liable for the post-surgery injuries sustained by patient Sandra Williams against an Atlanta hospital group.But there is no limit on economic damages, including compensation for past and future medical care, loss of past earnings, and diminished future earning capacity.Many states also have rules that reduce the damages the doctor must pay by the amount the injured patient received from other sources like insurance.

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