A doctor failed to diagnose you correctly, or your surgeon was negligent during surgery, and you are now left dealing with the aftermath. As a victim of these and other forms of medical malpractice, you ought to hold the healthcare provider accountable for the damages you suffer from their negligence.
So, how much compensation should you claim if you have a medical negligence case?
The value of your medical malpractice claim
Since every medical malpractice claim is different, the damages vary depending on the extent of the harm you suffered. Recoverable damages can either be economic or non-economic.
Economic damages constitute financial losses such as hospital bills and missed wages or benefits if you were unable to resume work. These are quantifiable losses, and it may be easy to arrive at a figure for these kinds of damages.
On the other hand, non-economic damages cover the pain and suffering you endured, emotional anguish, and the lower quality of life brought about by the malpractice. In most cases, non-economic damages are subjectively evaluated since it is difficult to quote a figure for non-quantifiable damages.
Damage caps do apply
It is important to note that the total amount of recoverable damages has a cap of $500,000 under Louisiana law. It means that your total damages cannot go beyond the legal limit. However, future medical expenses are not part of the cap – so those may increase your recovery substantially.
Filing a medical malpractice claim
If you have a medical malpractice case, it is advisable to learn more about what to expect in the claims process. Medical negligence claims have a reputation for being complicated, unlike other personal injury claims.
Therefore, it is in your best interests to have proper counsel before taking any action against the negligent party. It could determine how smooth things will go and whether you will get the settlement you deserve.