When you visit the doctor, you rightfully expect to receive proper care. Unfortunately, medical malpractice does occur and when it does, it can lead to severe injuries. If you or a loved one suffered injuries due to the negligence of a medical professional, you might be entitled to Manchester medical malpractice damages. For help with your claim, contact a seasoned medical malpractice lawyer today. Let an accomplished legal professional help you with your recovery.
Types of Damages in Medical Malpractice Claims
In a Manchester medical malpractice case, a claimant could recover damages for their medical bills and expenses. An individual may recover damages for any disability they suffered, and for the pain they experienced. If an injured victim needs a subsequent procedure or they experienced a loss of enjoyment of life, they could receive compensation for these actions as well.
A person could recover damages for being out of work temporarily or permanently. Also, they can recover damages for injuries to their marriage, and the things they enjoyed that they are no longer able to do. When someone dies due to medical negligence, the funeral expenses can also be included in the damages.
What Differentiates Economic and Non-Economic Damages?
Economic damages are losses such as lost wages, past medical bills, and future medical expenses. Economic damages are calculated by simple arithmetic, meaning a lawyer just adds up the medical bills and the lost wages, gets an economist to project the life-care plan or future medical costs, and the resulting number is what the injured person should be compensated for.
Non-economic damages are intangible concepts such as pain, suffering, and loss of enjoyment of life. They are subjective and could be worth any amount of money, depending on who is responsible for assigning them. It could be a jury, an arbitrator, or the parties themselves calculating non-economic damages to come to some agreement as to what is a reasonable amount. There are no caps on non-economic damage in Manchester medical malpractice cases.
Following the Statute of Limitations
To receive any of these damages in a Manchester medical malpractice case, a claimant must file before the statutory limit. The statute of limitations is two years for physician error cases. There is a three-year statute of repose, which means an individual may have three years from the date they discovered the malpractice.
Punitive damages in medical malpractice cases are not common. Mostly, medical malpractice is a negligence claim. Negligence is an error or an omission. Courts award punitive damages when a person experiences injuries due to intentional conduct. An example of a medical malpractice case warranting punitive damages would be if the surgeon operates on the wrong arm out of spite or with malicious intent. Punitive damages require intent under Connecticut law and intent is not required in medical malpractice cases. For more information, contact a knowledgeable attorney.
A jury calculates damages or a judge may be tasked with identifying the Manchester medical malpractice damages. There is no formula for calculating all the damages, and each case is different. The general rule is the more severe the harm, the more significant the damages should be.
The victim’s attorney assesses their injuries and calculates potential damages. The insurance company may also do is and could agree or disagree on the amount. When there is no agreement, the decision on the appropriate amount of damages is made by a jury or a judge.
Contact an Attorney for Help Determining Damages in a Manchester Medical Malpractice Case
Experiencing injuries due to a doctor’s visit can be traumatizing and could impact your life in many aspects. As a result, if you were injured after medical care, you may be entitled to Manchester medical malpractice damages. A skilled lawyer would help you evaluate what types of potential economic and non-economic losses you could be awarded. Call today and set up a consultation with a dedicted attorney.