The types of damages that people could recover in medical malpractice cases in the state of Missouri include economic and non-economic damages.
Noneconomic losses mean pain and suffering while economic damages are meant to compensate for more quantifiable losses such as medical bills and lost wages.
Damages in Moberly medical malpractice cases are capped at $400,000 unless the malpractice leads to catastrophic personal injury or wrongful death. At that point, it increases to $700,000. In the wake of a medical malpractice injury, you may be unsure of how to proceed, but a dedicated attorney may be able to help you fight for the compensation you deserve.
Damages are calculated based on how sustained injuries affect the person. When it comes to medical malpractice cases in the state of Missouri, there are certain caps for noneconomic damages. That type of pain and suffering and inconvenience is factored into those damages that are non-economic. However, the economic losses would not only include past medical expenses, but future medical expenses, past lost wages, future lost wages, life care plan, and any type of effect that it may have upon a person’s ability to earn an income in the future. An attorney and victim could employ expert witnesses to help them present evidence for economic damages, but it is the jury that calculates those damages after a Moberly medical malpractice injury.
What is unique about the role of noneconomic damages in medical malpractice cases in the state of Missouri is not only the caps but also the calculation. It is somewhat difficult to develop a formula for noneconomic damages, especially for pain and suffering and things of that nature. That is when it is pivotal for a client and an attorney to rely upon one another to present evidence of how the effect of the medical malpractice has affected the patient’s life when it comes to loss of enjoyment or perhaps a disability, which prevents them from engaging in their daily living activities.
Unlike many other injury claims, punitive damages are relatively common in medical malpractice cases. They are instituted in local malpractice cases to punish and deter future behavior of the sort. Punitive damages by definition are those that exceed simple compensation. One must show a greater degree recklessness and a certain amount of disregard that is more than other cases. Punitive damages are only awarded to the plaintiff if the plaintiff could prove by clear and convincing evidence that the defendant engaged in a disregard for the safety of the plaintiff.
If you or a loved one have been harmed by a negligent doctor or medical professional, you may be entitled to recover damages in a Moberly medical malpractice case. These damages could be financial compensation to cover medical bills, altered costs of living, lost earning potential, pain, suffering, and much more. To learn more about your legal options and to get started on building a case, call right away to schedule a consultation.