What Can You Recover in a Medical Malpractice Lawsuit?June 12, 2012
Proving negligence is only the first step in a Maryland malpractice lawsuit. Even when the doctor or nurse was clearly negligent, proving damages can still be a challenge.
Under Maryland law, a defendant may be liable for several types of damages if found to have acted negligently. This can include economic damages such as medical bills and lost wages and non-economic damages such as pain and mental anguish.
Proving past and present medical expenses and lost wages is often simply a matter of good record keeping. However, effectively proving future medical expense or lost wages can be a challenge and often requires persuasive testimony from professional evaluators such as doctors, therapists, economists, and vocational experts. This can be a crucial component of a malpractice case as future medical expenses and lost wages can represent a substantial portion of malpractice injury settlements or verdicts.
Non-economic damages such as pain and mental anguish can be very difficult to prove, as they are extremely subjective. Proving these types of damages in court often requires not only persuasive expert testimony, but also a Maryland malpractice attorney with litigation experience who knows how to present a compelling and vivid picture to the jury.
It is difficult to assign a monetary figure to the lifetime of pain and suffering that might be caused by the negligent actions of a careless physician. However, with the help of an experienced courtroom advocate, a jury may give a verdict that fairly reflects everything an injured victim lost, including medical expenses, long-term care, lost future income, and pain and suffering. Contact a skilled Baltimore malpractice attorney at LeViness, Tolzman & Hamilton, P.A. today for legal advice. Let us know how we can fight for you.