What is Your Medical Malpractice Claim Worth?
According to the National Practitioner Data Bank, there was a total payout of over $6 million in medical malpractice claims in DC for 2016. The question about a claim’s worth is a common and fair question among those who have suffered a preventable harm at the hands of a doctor, nurse, or other health care provider. There are a number of players in the determination – malpractice insurance companies, attorneys, juries, and/or judges.What does “Damages” mean?
In order to fully understand, we should discuss the legal terminology you will likely hear as it relates to your question. For instance, what does “damages,” mean? The term “damages” refers to the monetary compensation the victim of an injury is entitled to receive.Money compensates for losses from Medical Malpractice.
An individual who suffered a medical malpractice injury may be entitled to damages because the courts are unable to repair the harm any other way. As a result, the monetary damages are to help a victim of medical malpractice recoup the cost of, for instance, future therapy or surgeries needed after the injury. The damages are also a way to deter healthcare providers from negligent behavior.Economic vs. Noneconomic Damages.
Economic damages and noneconomic damages are also terms that need to be fully understood as it relates to your claim. An economic damage is a monetary loss caused by the medical malpractice injury – this could be that the victim can no longer earn wages due to loss of ability to be gainfully employed. Noneconomic damage is a loss due to pain, suffering, and loss of consortium. Loss of consortium, commonly viewed in light of a marriage, refers to the benefits a person receives from another such as companionship, affection, and financial support.What is MY claim worth?
Now onto the questions at hand, what is your claim worth and how is it determined? Is there a calculation to assist in the determination? There is actually a formula used to calculate the amount of damages to award a victim of medical malpractice. This formula helps guide attorneys, insurance companies, juries, and/or judges to a reasonable amount to consider as damages. The formula is:
Amount of Damages = Economic Damages + Noneconomic Damages
Ensuring that the victim’s right to both economic and noneconomic damages is paramount in a medical malpractice claim. An attorney should be considering future difficulties an individual may face as a result of the injury as well as the past harm.Consult with an Experienced DC Medical Malpractice Attorney
In order to have a proper evaluation of your case, you can rely on Johnnie Bond Law to ask the right questions, research your specific circumstances, and call upon the medical consultants for guidance on your medical prognosis – all of which effect how to determine what your medical malpractice claim is worth.