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While I was in the hospital, I was given the wrong medication and suffered severe pain unnecessarily. Can I sue for pain and suffering in my medical malpractice lawsuit?
Once you can establish that you have a medical malpractice case and can prove your economic losses, pain and suffering will depend on where you are in the country. The medical community has been pushing for limitations on awards for pain and suffering due to what it claims is the high cost of malpractice insurance and the difficulty physicians have in obtaining it. In 2004, Vice President Cheney proposed legislation that would have capped most pain and suffering awards at $250,000, but the legislation was defeated in the Senate in May 2006. Many states have already limited these awards or have ballot initiatives underway. Here’s an example with two scenarios, one in a state with unlimited non-economic damages, and the same claim in a state where such damages are limited. Suppose you, as the injured party, have the following economic damages as a result of your having been given the wrong medication:
Medical Bills: $ 75,000
Future Medical bills: $ 20,000
Prescription Medications: $ 1,500
Future Medications: $ 900
Lost Wages: $ 5,000
_______________________
Total Economic Damages: $102,400
Assume you can prove that your pain and suffering was substantial, and lasted for a significant period of time. There is no permanent injury. All other things being equal, and looking to similar cases and their awards, in a state where the non-economic damages are limited to $250,000, your award would likely be in the range of $200,000 to $250,000. If you are in a state where the non-economic damages are unlimited, your award would likely be more in the range of $275,000 to $400,000 on average.
Please note that these numbers are based on fictitious facts and figures. Many other factors regarding how your life was affected by this loss, the quality of your testimony and what city or county you live in, to name a few, would determine at what end of the range your case would be resolved. Your individual case may vary from this substantially.
For information on how to value your specific claim, and to find out if your state has a cap on medical malpractice non-economic damages for pain and suffering, contact an attorney in your area who is well-versed in medical malpractice law. |
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