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What is the importance of non-economic damages in med mal cases? P.1

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In our last post, we mentioned a case which has been appealed to the Missouri
Supreme Court involving the issue of whether a 2005 tort reform law bars
non-economic damages in
medical malpractice cases involving allegations of
wrongful death. The case is certainly an important one since it will help define the
extent of damages available to medical malpractice plaintiffs in these cases.

Non-economic damages, as we mentioned last time, can be an important means
of compensating plaintiffs in medical malpractice cases, particularly
when economic damages do not adequately compensate the plaintiff, for
one reason or another. This can certainly be true for an injured patient,
but it can also be true for the surviving family members of a deceased
patient.Â

For patients, non-economic damages such as pain and suffering and loss
of enjoyment of life are important to account for when the actual medical
costs required to address any medical issues stemming from malpractice
are not that significant. This might be the case, for example, when a
limb has to be amputated. Compared to the medical costs associated with
brain damage, an amputation will typically not be as costly.

Another factor is the impact of malpractice on the patient’s ability
to make a living. In cases where the patient’s injury is intimately
connected to his or her work, the losses will be greater. This is especially
the case when the patient had significant earnings at the time the injury
occurred. In some cases, though, the injury is either not closely tied
to the patient’s ability to earn money, or the patient’s
earnings at the time the injury occurred were modest. These factors can
lead to smaller awards for economic damages.

In our next post, we’ll continue this discussion.Â

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Wrongful Death

What can families do when road safety efforts fail?

This past weekend, police officers could be spotted in Joplin and across Missouri trying to slow drivers down as people sped home from Labor Day getaways and celebrations. In much of the state, law enforcement efforts were successful in keeping drivers safe. Unfortunately, at least one Missouri family has to grapple with the aftermath of a roadway tragedy. Just across the border in Illinois, a Missouri woman was killed and

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Firm News

Attorney Brian Johnston Secures $2.7M Medical Malpractice Verdict

Attorney Brian Johnston of Johnson, Vorhees & Martucci has recovered a massive $2.7 million jury verdict on behalf of a client who suffered an intra-abdominal catastrophe after a radiologist failed to diagnose an internal hernia and bowel ischemia, requiring her to undergo 6 different surgeries and resulting in permanent damage to her gastrointestinal tract. After the plaintiff had originally had successful gastric bypass surgery in 2011, she began to develop

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Personal Injury

Can I Sue On Behalf of a Family Member?

When one of your family members can’t represent themselves in a lawsuit, a family member might be able to file a suit on their behalf. There are, as always, certain situations that\’ll limit whether this is possible or not. Your best bet would be to get in touch with a personal injury attorney for help today. Johnson, Vorhees & Martucci can give you the proper guidance regarding filing a lawsuit

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