What Damages Can I Recover in a Medical Malpractice Case?
Medical malpractice can cause devastating consequences for patients and their families. When a healthcare provider’s mistake leads to injury or worsens a condition, the effects can be long-lasting. Kansas law gives injured patients the right to pursue compensation, but the types of damages available can vary depending on the situation.
At Adams Cross, LLC, we are dedicated to serving clients in Olathe, Kansas, and Missouri, especially those in the Kansas City metropolitan area, including Johnson County, Lenexa, Overland Park, Leawood, Mission, and Shawnee. Our attorneys can help you explore the damages you may be eligible to recover from medical malpractice, enabling you to pursue compensation more effectively.
An Overview of Damages in Medical Malpractice Cases
In a medical malpractice case, “damages” refers to the monetary compensation awarded to an injured patient. These damages aim to address the losses caused by a healthcare provider’s negligence.
Unlike other areas of law, medical malpractice cases often involve damages that are both financial and deeply personal. A successful claim can help cover the costs of medical treatment, lost income, and emotional suffering.
For someone already dealing with health challenges, pursuing damages can provide the resources necessary for recovery and stability. An experienced personal injury attorney can also make a significant difference by identifying the potential types of compensation you may be eligible for.
Economic Damages Help Cover Tangible Losses
Economic damages are meant to reimburse the injured party for measurable financial losses. These are amounts that can typically be calculated based on medical bills, receipts, and other records.
Medical bills are often the most significant part of economic damages in a malpractice case. These can include past expenses as well as the projected costs of future treatment. Lost wages from missed work also fall into this category.
When pursuing economic damages, it’s crucial to account for the full scope of financial harm, including expenses that may arise months or even years down the road.
Common Types of Economic Damages
While economic damages vary from case to case, several categories appear frequently in medical malpractice claims. These losses can have a lasting effect on a person’s financial stability. The most common types of economic damages include the following.
Medical expenses: This includes hospital stays, surgeries, prescription medications, rehabilitation, and ongoing treatment costs.
Lost wages: Compensation for income you couldn’t earn due to your injury or recovery period.
Loss of earning capacity: When your injuries reduce your ability to work or force you into a lower-paying job.
As experienced personal injury attorneys, we can help you calculate these damages accurately and effectively. In some cases, we can also use expert testimony to help project future financial losses. That’s why it’s vital to recognize the economic damages that can come from an injury.
Non-Economic Damages: Addressing Personal Impact
Non-economic damages focus on the emotional and psychological effects of medical malpractice. These are real losses, but they don’t come with a bill or receipt.
They may include pain and suffering, emotional distress, and the loss of enjoyment of life. Kansas and Missouri law have both historically placed limits on non-economic damages, but the specific cap can vary depending on the date of the incident.
Although these damages are more difficult to quantify, they play a crucial role in fully compensating an injured patient. Working with a personal injury attorney can help make sure your claim reflects the actual impact on your life.
Examples of Non-Economic Damages
Since non-economic damages address the personal toll of malpractice, they can take many forms. Some common examples that may apply in a medical malpractice case include the following.
Pain and suffering: The physical pain and discomfort resulting from the malpractice and its aftermath.
Loss of enjoyment of life: The inability to participate in hobbies, activities, or experiences you once enjoyed.
Emotional distress: Conditions such as anxiety, depression, or other psychological harm caused by the incident.
Compelling evidence, such as medical records and witness statements, can be presented to support claims for non-economic damages. That’s why it's vital to work with an experienced attorney who can help you gather as much information as is necessary.
Factors That Influence Compensation Amounts
The amount of damages awarded in a medical malpractice case depends on multiple factors. These may include the severity of the injury, the patient’s age, and the expected duration of recovery.
The court will also consider whether the malpractice resulted in permanent disability or necessitated ongoing medical care. In some cases, the financial needs of dependents may play a role. By working with a personal injury lawyer, you can present a clear and comprehensive case for the highest possible compensation.
Wrongful Death Damages in Medical Malpractice
When medical malpractice results in a patient’s death, the law allows certain family members to pursue wrongful death damages. This is a separate legal claim, although it stems from the same negligent act.
Wrongful death damages may include funeral and burial costs, loss of financial support, and loss of companionship. These cases can be emotionally intense, as they require revisiting painful circumstances while pursuing justice.
Working with a personal injury attorney who is sensitive to both the legal and emotional aspects of the case can help make the process more manageable for grieving families.
An Overview of Punitive Damages
Punitive damages are designed to punish a defendant for conduct that's especially reckless or egregious. However, these damages are not awarded in every case.
In Kansas, punitive damages require a separate finding that the healthcare provider’s actions were willfully harmful or grossly negligent. These damages are meant to deter similar behavior in the future.
While punitive damages are rare in medical malpractice claims, they can significantly increase the total compensation in cases where they apply. Discussing this possibility with a personal injury lawyer can help determine whether it’s worth pursuing.
Steps to Take After Suspected Medical Malpractice
If you suspect medical malpractice, taking prompt action can strengthen your case. Specific steps can help preserve your right to pursue damages later.
Seek medical care: Address your health needs promptly, even if it means consulting a different healthcare provider.
Document everything: Keep records of your symptoms, treatment, and expenses.
Contact an attorney: A lawyer can guide you through the process and help identify all possible forms of compensation.
Taking these actions early can help protect your rights and improve your chances of a favorable outcome. Prompt action also allows your attorney more time to build a strong strategy on your behalf.
Work With Expert Witnesses, If Necessary
In medical malpractice cases, expert witnesses often play a critical role. These professionals can explain the medical standards of care and how the defendant’s actions fell short of them. Their testimony can strengthen a personal injury claim by providing detailed information about the cause and extent of harm.
They may also provide information about the long-term effects of your injuries and the associated costs. Their testimony can help establish both the cause of your injury and the extent of your damages.
Contact an Experienced Attorney Today
At Adams Cross, LLC, we’re committed to helping our clients pursue compensation in medical malpractice cases. Whether your claim involves lost wages, medical expenses, pain and suffering, or other damages, we’re ready to fight for your rights and assist you through every step of the process.
Located in Olathe, Kansas, we serve clients throughout the Kansas City Metropolitan Area, including Johnson County, including Lenexa, Overland Park, Leawood, Mission, and Shawnee. If you believe you have been harmed by medical negligence, contact us today to schedule an initial consultation.