Exploring Civil Case Proceedings

2 Types Of Losses To Sue For In A Medical Malpractice Case

19 January 2015 by Becky Freeman

After suffering from an injury or medical problem due to medical malpractice, you may decide to sue the doctor or hospital. Suing for medical malpractice is your right, but you will have to prove that the doctor or facility was negligent in some way. When you sue, your attorney will help you calculate the damages of the case, and there are numerous things that are included in this figure. The basic damage you can sue for is medical expenses for the injury that was caused, but there are two other things you can sue for.

Loss Of Enjoyment Of Life

If something went drastically wrong during a procedure, which has caused you to be totally different than you were before, you may never end up being able to enjoy life like you once did. This is something that is called loss of enjoyment of life, and you can sue for damages for this if you can prove it.

The first step in a medical malpractice case is to prove that the doctor or facility did something wrong, which left you injured or harmed in some way. If you can prove that, you can then move on to proving that this incident will rob you of enjoyment of life in your future. Proving this can be difficult, but your lawyer might recommend using examples, such as:

• You used to be able to play tennis every day, and now you cannot play at all.
• You were once able to jog around your neighborhood, but now you can't.
• You used to babysit your grandchildren, and the injury has left you unable to do this.

These are all great examples of ways that injuries can rob you of enjoyment, but there are so many more. Anything that once brought you joy is something you should be able to do, but with a permanent injury, you will not be able to.

This can also include a lack of money or reduction of income from not being able to work. If you cannot earn the same income you once did, your life may also suffer. Your attorney's goal should be to determine how much enjoyment you will lose in life because of the negligence that occurred.

Loss Of Consortium

Loss of consortium is another thing you could sue for in a medical malpractice case. This is something that primarily refers to the loss of love, affection, and sex you and your partner will suffer because of the incident. It is intended to compensate your partner because it he or she will lose out on certain types of enjoyment because of the problem that occurred.

According to All Law, it takes a lot to win damages for loss of consortium. In many cases, it is only awarded on two conditions:

1. If the medical mistake or problem caused death to the person.
2. If the problem left the person paralyzed, incontinent, or with an amputated body part.

If you did not suffer major consequences from the incident, it may be hard to prove a loss of consortium, but not impossible. Your lawyer will help you decide if you should try to sue for this, and he or she will help you calculate an amount of money to ask for. While money cannot replace lost affection with loved ones, it is really the only form of compensation you can request.

Doctors are supposed to handle medical procedures properly, but this doesn't always happen. If you are a victim of medical malpractice, contact a lawyer that specializes in this to find out if there is anything you can do about this.

Check out sites like http://pouloscoates.com for more information about finding an attorney.

Share