Like many people, you probably have heard the term “pain and suffering” and know that courts frequently award this type of compensation in lawsuits. But, how does this relate to medical malpractice claims? In a medical malpractice case, pain and suffering refer to the physical and mental suffering a victim experiences due to a doctor’s negligence. It is a non-economic form of compensation, unlike economic damages such as medical bills or lost income. Let’s go over what pain and suffering mean in a malpractice case.
Two Types of Pain and Suffering
Damages caused by medical malpractice can be divided into physical suffering and mental or emotional suffering. Physical suffering includes physical pain or discomfort, including that which occurs immediately because of the medical malpractice and pain or discomfort that arises later.
Mental and emotional suffering includes emotional distress, such as anxiety, anger, humiliation, and embarrassment. It also consists of the loss of the ability to enjoy life and a loss of companionship and affection, also known as loss of consortium. However, emotional stress can cause physical symptoms and vice-versa.
How is Pain and Suffering Calculated
It is not possible to mathematically calculate pain and suffering. But, several factors are taken into consideration. Your lawyer and the insurance company will typically consider how severe the damage was, what kind of medical treatment you received, recovery time, and whether you are likely to suffer continuing harm. In general, the court will consider how the injury will impact the victim’s life. Because this process is so subjective, damages from pain and suffering can vary from case to case.
How to Prove Pain and Suffering
Even though this type of compensation can not be quantitively calculated, you will still need evidence to prove your injuries if you go to trial. If you are getting medical treatment for your injuries, be sure to tell your doctor if you are experiencing any pain so that they can note it in your medical records. These records can provide substantial evidence at trial. You should also keep your own records and make a daily note of any pain or suffering you experience.
Reach out to us today to learn more about what damages you can be eligible for and how to file a medical malpractice case.
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The Snyder Law Group, LLC, proudly represents clients throughout Maryland and Washington, D.C. Our experienced Baltimore attorneys understand the frustration that comes with an insurance company, medical professional, or other party that refuses to accept liability for negligent or reckless behavior. You can take heart in knowing there are talented and experienced lawyers ready to work for you. We are experienced in handling personal injury claims of medical malpractice or injury resulting from serious car and truck accidents, and have secured hundreds of millions in verdicts and settlements. Please visit our website, www.410thefirm.com, or call us at 410-843-3476, for more information. Follow us on Facebook, Twitter, and LinkedIn.