How Can I Be Compensated for a Medical Malpractice Lawsuit?
Posted on behalf of Phillips Law Group on Jun 14, 2018 in Medical Malpractice
Medical malpractice injuries can have a significant impact on your life. Not only can these injuries affect you physically, they can also cause significant financial and psychological issues. This is why there are numerous types of compensation you may be able to recover by filing a medical malpractice claim.
The Phoenix medical malpractice attorneys of Phillips Law Group are here to help you hold negligent medical providers accountable for their actions and recover the compensation you deserve. Request a free, no obligation consultation and learn more about your legal options and the types of compensation that may be available.
Economic damages are those that have a specific monetary value attached to them, including:
Medical expenses include costs related to the treatment of your medical malpractice injury, such as:
- Emergency room visits
- Imaging, lab work and other testing
- Specialist visits
- Rehabilitation therapy
- Medical equipment
- Mileage to and from medical appointments
- Parking fees for medical visits
If your injury requires future medical care, you may also be compensated for future costs. This amount may be determined using expert medical witnesses and your physician’s recommendations for ongoing or future care related to your condition.
You may miss time at work because you are physically unable to do your job or are receiving medical treatment during your recovery. Fortunately, your attorney can help you pursue compensation for any wages lost as a result of your injury.
You can show the earnings you lost with documentation from your employer listing the dates you were off work, the number of hours you missed and your normal rate of pay.
Lost Earning Capacity
If your medical malpractice injury prevents you from returning to work or performing your previous job, you may be entitled to compensation for lost earning capacity. This will compensate you for the difference in wages you could have earned if you were not injured by a health care professional's negligence.
Non-economic damages are damages that do not have a monetary value associated with them. Juries award these damages based on what is fair, just and reasonable. These damages can include:
Mental Suffering and Physical Pain
Victims may suffer mental and emotional distress and physical pain related to malpractice injuries. Pain and suffering is difficult to quantify, but can be demonstrated through expert and witness testimony, the victim’s testimony and medical records. The jury may also consider the type and severity of the injury and the circumstances of your injury to determine compensation.
Loss of Enjoyment of Life
Your injury may prevent you from participating in activities or hobbies you enjoy. Compensation for loss of enjoyment of life seeks to make up for this loss based on the time you will be disabled or prevented from participating in these activities.
Permanent Impairment or Loss of Function
A medical malpractice injury may cause permanent impairment or loss of function of affected body parts. A jury bases this compensation off your inability to use the body part in its normal capacity.
Your injury may leave you disfigured, impacting you for the rest of your life. To determine this compensation, a jury considers the degree of disfigurement, the affected part of the body and anguish you may experience due to the disfigurement.
Loss of Consortium
Loss of consortium compensates the victim’s spouse for loss of companionship, affection, sexual relations and other services spouses provide.
In situations where malpractice causes death, wrongful death damages may be awarded. This may include:
- Funeral and burial expenses
- Lost earnings capacity that the victim would have provided dependents
- Survivors’ pain and suffering for family members’ emotional distress related to the malpractice and victim’s death
- Loss of benefits, such as health care, Social Security benefits, retirement, child care, housekeeping and other benefits the victim would have provided
Punitive damages may be awarded in cases where the defendant was grossly negligent or acted recklessly, causing injury. Punitive damages are issued to deter future negligence by other health care providers.
How Long Do I Have to File a Claim?
In Arizona, medical malpractice claims must be filed within two years of the date when the malpractice occurred. If the malpractice was not discovered until a later date, the statute of limitations will begin to run from the time it was or reasonably should have been discovered by the victim.
If the victim is a minor when the malpractice occurs, the statute of limitations does not start until the victim’s 18th birthday.
What if I am Partially At-Fault for My Injury?
Arizona’s comparative negligence statute allows victims to pursue damages even if they are partially at fault for the injury. Any damages awarded are reduced by the victim's percentage of fault.
For example, if a jury awards you $100,000 in your medical malpractice claim and you are found to be 20 percent at fault, your award will be reduced by 20 percent, for a final total of $80,000.
Schedule a Free, No Obligation Legal Consultation Now
If you have been injured because of a medical professional's negligence, you may be entitled to compensation. The Phoenix medical malpractice attorneys of Phillips Law Group will evaluate your claim and inform you of your legal options.
Request a free, no obligation consultation now with our legal team. There are no upfront fees when working with our firm, and payment is only owed if we recover compensation for your claim.