Medical Malpractice:

Economic Damages

Economic damages are awarded for tangible losses in a medical malpractice case. Money that has been lost due to a medical professional's negligence, including money lost from not being able to work, not being able to work in the future, and medical bills, are often compensated in a medical malpractice settlement or trial

Medical Care and Expenses

The plaintiff in a medical malpractice case is often entitled to recover the reasonable value of medical care and expenses acquired for the treatment of injuries sustained as a result of the defendant's negligence. The plaintiff must prove that the expenses he or she claims were reasonably necessary and caused by the defendant's negligence.

Loss of Earnings

An individual could also recover any lost earnings that he or she proves to have been caused by the defendant's negligence. When dealing with lost earnings up to the present time, the plaintiff must prove that the defendant's medical malpractice negligence has prevented him or her from receiving the earnings for which he or she seeks compensation. The plaintiff must do so by establishing a reasonable probability that the injury caused a loss of earnings. The evidence must establish a basis for a reasonable estimate of that loss.

Loss of Earning Capacity

The plaintiff may also be entitled to damages for the loss of future earnings. This amount is based on the evidence as to what he or she could have earned "but for" the harm caused by the defendant's negligence and as to what the plaintiff can now earn through the earning period of his life.

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