Damages in Medical Malpractice Cases

In a medical malpractice case, one of the most time-consuming and contentious issues is calculating the damages you are owed. Whether or not the insurance company is disputing the negligence, ensuring that you and your family get the level of compensation you deserve depends entirely upon developing a strong evidentiary case.

Every part of a medical malpractice case is interconnected, and in the process of proving the negligence of your doctor, the nursing staff or the hospital at large, we are also building a case for proof of the damages you are owed. After we establish negligence in your case, we then must outline the amount we think is reasonable for your damages, and this can be calculated in several ways.

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The most important aspect of the case, both for you and for our legal team, is establishing a reasonable number for your compensatory damages. This compensation is calculated based on costs you have already incurred as well as projections of potential damages into the future. Common aspects included in the calculation include:

• Costs: Existing medical bills, therapies and other treatments you have already received have finite numbers attached to them. Costs can include anything you have already paid for such as prescriptions, nursing care, medical equipment, and other assistance. We can also work with medical experts, financial professionals, and economic specialists to project potential costs into the future and seek damages for ongoing and projected care.
• Economic loss: Because you have been unable to work, you have suffered economic losses that you would not have otherwise had to endure. If you have had to use any vacation time or holiday pay, been receiving only part of your salary due to disability, or have received no income due to your situation as an hourly or contracted worker, we can seek damages to cover these economic losses. If your injury means that you may not be able to go back to work again or that you cannot perform the job you have been performing, those projections can be taken into account as well.
• General damages: General damages are considered to be impacts of an injury that cannot be easily quantified. It is possible to assess an existing medical bill, but it is much more difficult to put a price on your pain, suffering, and mental anguish. Some areas that are often considered when calculating general damages are areas of your life that you enjoyed before the accident that you have not been able to enjoy during your recovery or may not be able to in the future. For example, if you have broken your back, you may not be able to go horseback riding again, and if this was an activity in which you heavily participated previously, it can be considered a great strain on your life and be taken into account when calculating general damages.

If you or a loved one is trying to move forward after suffering from the negligence of a medical practitioner, give our firm a call at (312) 781-1977. You deserve compensation for your injuries, and we have the experience and the resources to ensure that you can move forward with confidence.