How are Damages for Medical Malpractice Determined?
Determining damages for medical malpractice can be a difficult process. Here are some key points of the process and how you can prepare for it. The damages can be split into two main categories: special and general damages.
- Special Damages: These are losses that are easily measurable and may include the calculation of past and future lost earnings or earning capacity, past and future medical expenses, and past and future loss of household services (those things you used to be able to do but have to hire out or do without).
- General Damages: These are more speculative and may include the associated mental anguish, pain, suffering, loss of enjoyment of life, and extent of physical disfigurement, disability, and impairment.
Usually, damages cannot be assessed without analysis of the claimant’s prior history, medical records and facts and support regarding the causal connection between the occurrence of negligence and the injuries, and usually, require expert opinions. Monetary value is easier to determine with special damages. General damages are difficult to measure since they deal with a person’s suffering. If both sides work in good faith towards a resolution, the final settlement will take both good analysis and careful judgment. In the end, the settlement should reflect both damages and liability.
For more insight on recovering damages from medical malpractice call Reynolds and Reynolds today at (214) 891-6606.
Reynolds and Reynolds | Medical Malpractice Law Frisco TX | (214) 891-6606
