Damages in Montgomery County Medical Malpractice Cases
If a medical professional causes an individual unnecessary harm, they could be held liable for damages. There are three main types of damages that can be recovered in medical malpractice cases, including economic damages, non-economic damages, and punitive damages. A skilled medical malpractice lawyer could calculate your damages and help you hold reckless medical professionals accountable for their negligence. Speak to a knowledgeable attorney to learn about the various types of damages in Montgomery County medical malpractice cases.
How Are Damages Calculated In a Montgomery County Medical Malpractice Case?
Economic damages refers to the actual money that was spent due to the misdiagnosis or medical malpractice, such as medical expenses. Individuals can also recover non-economic damages, which are more difficult to quantify. These types of damages involve the emotional hardships such as pain and suffering, any sort of inconvenience, disfigurement, and loss of enjoyment of life.
Damages in a medical malpractice case are calculated by:
- The bills for medical care and treatment and all related expenses
- The cost of future losses as testified to by an expert.
- Loss of income (as shown by past wages)
- Loss of future income; future medical care, treatment, and services as provided by the testimony of an economic expert, Life Care Planner or vocational expert
- Pain and suffering
Damages are oftentimes based upon the testimony of the plaintiff and are dependent upon the non-economic damages present as well as their duration. A judge or jury calculates the damages in a medical malpractice case based upon the information they are provided.
Caps on Non-Economic Damages In Medical Malpractice Cases
On January 1, 2019, the cap for non-economic damages for medical injury became $815,000 and the cap for wrongful death in medical malpractice claims (with two or more claimants) became $1,019,750. That amount increases each year.
Since there is a cap on non-economic damages, the amount is actually up to a jury to determine. A jury may even find there was a breach of duty and award medical bills but no amount for pain and suffering. This is rare but could happen. If a jury awards more, then the award is reduced by the amount of the non-economic cap.
Assessing Punitive Damages
Punitive damages could be assessed if there is proof that there was intent to harm the patient. Punitive damages are used as a form of punishment for the wrongdoing but are very hard to prove. These types of damages are rarely awarded in medical malpractice cases because a person must prove that the health care provider acted with actual malice, and actual malice means intent to injure, ill-will, or fraud.
What Is The Statute Of Limitations For Montgomery County Medical Malpractice Cases?
In the State Maryland, the statute of limitations for medical malpractice claims (Maryland Code, Courts and Judicial Proceedings, §5-109) is three years. However, there is an exception to that. If an injury is not discovered right away, the patient has three years from the time they discover the injury to bring their case. The lawsuit must still be filed within five years of the alleged medical malpractice. Another exception is for minor children. The statutory time does not begin until the child reaches 18 years of age.
Schedule a Consultation with a Medical Malpractice Attorney Today
When a doctor, nurse, technician, or hospital staff causes an individual harm, they could be held liable for damages. They may be required to pay the injured party compensation for their losses, such as medical expenses, pain and suffering, lost wages, and mental anguish. It is best to retain the services of a skilled lawyer who knows how to calculate damages in Montgomery County medical malpractice cases. Call today to discuss your case.
