Understand what pain and suffering damages are in the context of medical malpractice law.
In the context of medical malpractice law, the definition of pain and suffering is a type of damage awarded to plaintiffs to compensate them for the physical and emotional stress caused by their injury. It is known as a non-economic damage because it cannot be quantified in dollar terms (as opposed to economic damages, such as medical bills and lost wages, which have absolute dollar values).
If you suffered an injury because a doctor or healthcare provider was negligent, you may have grounds for a medical malpractice claim. If your claim is successful, you could be eligible to recover pain and suffering damages, along with compensation for a number of other expenses. A medical malpractice lawyer can help you build your case. Call the team at Medical Malpractice Law for a free consultation at 888-526-8947.
How Much Can You Receive for Pain and Suffering?
Because pain and suffering are subjective damages that do not lend themselves to exact dollar figures, it can be difficult to determine what you are eligible to receive. To complicate the issue, different states have vastly different laws governing pain and suffering and other non-economic damages in medical malpractice lawsuits.
Some states place firm caps on how much compensation you can receive for pain and suffering. Other states have no limits. Then there is the matter of trying to assign a dollar figure to something that is not easily quantifiable. Your lawyer has several ways to value your pain and suffering damages. Two of the most common are the multiplier method and the per diem method.
The Multiplier Method
With the multiplier method, your lawyer takes your total economic damages and multiplies them by a certain factor, such as three. Typically, the more severe your injury, the higher the factor your attorney is justified in using.
Suppose your lawyer uses a factor of three, and your economic damages total $200,000. In this example, your lawyer would argue for pain and suffering damages totaling $600,000.
The Per Diem Method
With the per diem method, your lawyer assigns a specific dollar value for each day you have experienced physical or mental pain because of your medical malpractice injury. Then, he or she multiplies this amount by the total number of days you have been in pain, and the result is the value of your pain and suffering damages.
Your lawyer can discuss the valuation method he or she prefers when reviewing your medical malpractice claim.
For a Free Medical Malpractice Case Evaluation, Call Newsome | Melton at 888-526-8947 Today
The medical malpractice legal team at Newsome | Melton can help you pursue a lawsuit against your doctor or healthcare provider. We want to help you recover damages for pain and suffering and for other losses you have incurred because of your injury. We offer a free consultation and case evaluation. To speak with a member of our staff today, call us at 888-526-8947.
Pain - Frequently Asked Questions
An upper GI endoscopy, usually called an “EGD” (after “EsophagoGastroDuodenoscopy,” the proper medical name of the procedure), is the visual examination of the upper intestinal tract (esophagus, stomach, and duodenum) using a lighted, flexible, fiber-optic endoscope. Although EGD is considered a relatively safe diagnostic procedure, there have been reported instances of accidental esophageal perforation (puncture)
Read More
Despite many protocols and requirements that hospitals are setting in order to avoid surgical mistakes, doctors and surgeons are still performing an alarming number of errors in the operating room. In the case of surgical negligence, the responsible party largely depends on who the surgeon is employed by and whether or not the error was
Read MorePain - News Articles
New Mexico Jury Finds Albuquerque Hospital Negligent; Awards Family $7.75 Million Michael Webb waited as long as he could. The pain in his knee was not going away. Finally, in December 2011 he decided to have surgery performed. After the procedure, complications forced Webb in to the intensive care unit (ICU) at the Presbyterian Hospital
Read More
Esmeralda Tripp, then 42, went to see her doctor for a checkup in September 2013. Tripp was taking a prescribed blood thinner called Coumadin and she had a history of seizures. Her primary physician was concerned that her blood was actually too thin and told Tripp that she needed to go straight to an emergency
Read More