Submitted by Singer on Fri, 02/13/2009 - 12:54
What are the damages in a medical malpractice case? In other words, how do courts decide what I might get if I sue my doctor?
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Editor's Response
In Massachusetts, as in other states, the court would attempt to compensate you (the successful plaintiff) by putting you back to the position you were in before the defendant's negligent medical care.
So, for example, the court might award: (1) the cost of any medical care required in the future as a result of the negligent act; (2) compensation for any diminution in your earning ability; and (3) all of the standard types of damages awarded in personal injury cases, including compensation for physical and mental pain and suffering, loss of body function, and loss of companionship (in cases where a survivor is suing for wrongful death due to medical malpractice.)
Naturally, damages will vary from case to case, and the best way to get a handle on what you may be entitled to is to talk to an attorney who has done a lot of these cases. Most Massachusetts medical malpractice attorneys offer free consultations. Good luck.