Medical malpractice is a serious wrongdoing that can have life-changing repercussions for the patient. If you or a loved one has been impacted by medical malpractice in Minnesota, you could be entitled to financial compensation or damages for a variety of related losses. Discuss the potential value of your claim with a medical malpractice attorney in Minneapolis for more information.
Medical Expenses
Recoverable damages in a medical malpractice case are broken down into three main categories: economic damages, non-economic damages and punitive damages. Economic damages pay to reimburse the victim for the monetary losses caused by a health care provider’s careless mistake. This typically includes medical costs.
All past, present and future medical expenses related to the malpractice injury can be reimbursed by a legal claim. This can include required or medically necessary surgeries, prescription medications, medical devices, rehabilitation, physical therapy and appointments with specialists.
Future or Ongoing Care
Serious incidents of medical malpractice may leave the victim with a long-term or permanent injury or disability. In these cases, damages may be available to pay for the future foreseeable costs associated with the injury, including medical treatments, disability accommodations, home or vehicle modifications, live-in nursing aides, and around-the-clock care.
Lost Wages
If medical malpractice causes an injury that takes the victim out of work, either temporarily or permanently, losses of income and employment opportunities can be listed as compensable damages. This includes lost wages, tips, commissions, retirement savings, job opportunities, potential promotions and bonuses, as well as lost future capacity to earn if there is a permanent disability.
Pain and Suffering
The second category of available damages, non-economic, refers to the personal or intangible impact that medical malpractice had on the patient. Types of damages within this category can include:
- Physical pain
- Chronic pain
- Emotional distress
- Mental anguish
- Psychological damage
- Post-traumatic stress disorder
- Depression or anxiety
- Disability or disfigurement
- Loss of consortium
- Loss of enjoyment of life
Unlike economic damages, non-economic damages are calculated based on the subjective experience of the plaintiff. The victim’s ability to demonstrate how malpractice has impacted his or her life can affect the value of pain and suffering damages.
Punitive Damages
In rare instances, medical malpractice claims can result in an award of punitive damages in Minnesota. This type of compensation is sometimes granted to punish or penalize a health care provider for egregious acts of wrongdoing, such as gross medical negligence. They are only granted if the plaintiff can demonstrate using clear and convincing evidence that the defendant showed a deliberate disregard for the rights or safety of the patient.
Wrongful Death Damages
In tragic cases where medical malpractice leads to the avoidable death of a patient, surviving family members may be entitled to wrongful death damages. This type of award can include compensation for reasonable funeral and burial costs, final medical expenses from the date of the injury to the date of death, lost financial support or income, loss of inheritance, and loss of consortium or companionship. The grief and emotional suffering of survivors may also be compensated.
Find out how much your medical malpractice claim might be worth from a trustworthy Minneapolis personal injury attorney prior to accepting an insurance settlement. Contact Goldenberg Lauricella, PLLC for a free case evaluation.