What Kind of Damages Can I Recover in a Medical Malpractice Case?
Each year, roughly 20,000 malpractice suits are filed against practitioners in the United States. Victims of medical malpractice may experience devastating injuries, preventing them from working and confining them to a hospital bed. Malpractice victims may take months or years to return to their normal state of health, placing financial and emotional hardship on loved ones.
Economic, non-economic, and punitive damages may potentially be awarded in medical malpractice cases, although punitive damage awards are not as commonly seen. Economic and noneconomic damages are also known as compensatory damages since they reimburse you for actual losses, while punitive damages are designed to punish the wrongful party.
Suppose you have suffered injuries or illness due to medical malpractice. In that case, you must understand the compensable losses available to you, as explained by our medical malpractice attorneys in Charleston, SC.
Economic Damages
Economic damages are verifiable monetary losses that directly take money away from you. Consulting pay stubs, medical billing statements, and receipts can easily calculate these losses. Future costs can only be estimated once you have reached maximum medical improvement (MMI) or the point at which a physician determines you will no longer make any further meaningful physical recovery.
Common economic damages in a Charleston, SC, medical malpractice case involve:
- Lost wages
- Loss of future earnings
- Medical imaging and laboratory testing
- Prescription costs
- Surgeries and treatments
- Physical therapy and other rehabilitative therapies
- Home modifications
- Future medical expenses
Noneconomic Damages
Not all losses have a price tag attached. Victims of medical malpractice often experience mental and emotional injuries, which are not easily quantifiable and are known as noneconomic damages. Although subjective, noneconomic damages impact a person’s ability to live a full life. South Carolina sets a noneconomic damage cap for medical malpractice cases that is adjusted annually based on inflation. Currently, the cap is set at $564,168 against a single healthcare provider and $1,692,503 against multiple providers.
Common noneconomic damages in a Charleston, SC, medical malpractice case involve:
- Pain and suffering
- Loss of enjoyment of life
- Negligent infliction of emotional distress (NIED)
- Mental anguish
- Loss of consortium
- Humiliation
- Loss of companionship and society
- Scarring and/or disfigurement
Punitive Damages
Intended to punish the wrongdoer and deter society from similar behavior, punitive damages may not exceed the total compensatory damages by more than three times, or $699,761 (as of 2024). If you request punitive damages, a judge may divide the trial into two parts, discussing liability and damages separately.
Compensatory damages require the plaintiff to prove that the evidence presented is “more likely than not.” Punitive damages require a higher standard of proof, known as clear and convincing evidence. To meet this standard, you must show that it is highly probable your healthcare provider acted with “willful, wanton, or reckless conduct,” thereby causing your injuries.
Evidence is Key in Medical Malpractice Cases
Proving that a medical professional failed to meet the acceptable standard of care requires medical evidence. This may include medical imaging, operative notes, or discharge orders depending on your circumstances. Our Charleston, SC, medical malpractice lawyers are prepared to gather relevant evidence on your behalf to demonstrate physician liability. Medical lingo can be challenging to comprehend, so our legal team maintains professional relationships with accomplished practitioners who can explain medical terms easily.
Consult with Our Medical Malpractice Lawyers in Charleston, SC, Today
A medical mistake can impact your ability to make a living and dictate the course of your life. If you have been injured due to the negligence of a doctor, nurse, or other care staff, do not hesitate to contact Mark C. Tanenbaum, P.A. Our Charleston medical malpractice attorneys provide representation for both injured parties and families who have lost loved ones. To schedule your complimentary consultation, contact us online or give us a call today.