Determining Financial Losses in a Medical Malpractice Case

When you seek medical treatment for an injury or illness, you may not expect a complete recovery. But you don’t anticipate that your condition will worsen because of the carelessness or negligence of medical professionals. When that happens, though, you have a right to seek compensation for your losses. But how do you determine exactly what your losses were?

In any type of personal injury claim, there are what are known as economic losses and what are called non-economic losses. Economic losses are generally those that are easy to identify and calculate, frequently limited to the loss of earning capacity or specific property. Non-economic losses cover less tangible injuries, including pain and suffering, loss of companionship or consortium, or infliction of emotional distress.

When looking at losses sustained because of medical malpractice, you have to break down your damages into three categories—those immediately caused by the negligence, those that will be long-term losses, and those that represent lost opportunities.

With medical malpractice, the immediate losses can include a wide range of effects. You may not be able to work because of your injury or illness. You may require special equipment, need in-home care, require drugs or medication, of have costs of transportation because you can’t drive.

Some of your longer term losses may look similar to immediate losses. Your injury may prevent you from ever returning to your job. You may require physical therapy, rehabilitation or some other long-term medical treatment. You may be forced into early retirement.

Finally, there’s the opportunity cost. You may no longer be able to engage in athletic activities or other things that have given you joy or pleasure. You may have to pass up a job promotion or change because of the consequences of the malpractice.

Contact the Law Office of Michael J. Hood

At the law office of Michael J. Hood, in Wilmington, we bring more than 30 years of experience to personal injury victims in Delaware and Pennsylvania. For a free initial consultation, contact us online or call our office at 302-777-1000 for an appointment.