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What is the importance of non-economic damages in med mal cases? P.2

In our previous post, we began speaking about non-economic damages in the context of medical malpractice litigation. Last time, we spoke about situations or reasons why noneconomic damages can be important in medical malpractice litigation: cases, for example, where the medical costs resulting from negligence are not particularly significant, and cases where the specific injury to the patient either is not intimately tied up with the patient’s ability to earn money or where the patient’s income at the time the injury occurred is not that significant.

Compensatory damages can be awarded for many different types of economic losses, and the more of these losses a patient has as a result of a physician’s negligence, the better chance the patient will have, as a plaintiff, of being awarded a significant amount of compensatory damages in medical malpractice litigation.

The goal of medical malpractice litigation, of course, is to ensure that an injured patient receives the compensation he or she deserves, both when it comes to economic and non-economic damages. In cases where economic damages do not adequately reflect a patient’s loses, noneconomic damages are important to pursue.

Building a solid case for damages, particularly non-economic damages, is not necessarily an easy matter. Defendants in medical malpractice litigation are expected to argue that damages should be lower than the amount requested by the plaintiff, and will generally take advantage of every strategy possible to reduce or avoid responsibility. This is why it is so important to work with an experienced personal injury attorney to build a strong case, not only for liability on the claims, but also for damages. 

Car Accidents

Can You Sue a Distracted or Reckless Driver?

Accidents due to distracted driving are on the rise in the US due in large part to increased smartphone use while driving. According to the National Highway Transportation Safety Administration (NHTSA), more than 3,000 people are killed annually in distracted driving collisions. On top of this number, thousands more are injured, with some even suffering permanent disability.   Distracted driving, which involves anything that takes your mind, hands, or eyes

Car Accidents

Tracy Morgan crash raises issue of seat belt use in personal injury cases, P.2

In our last couple posts, we’ve been speaking about the Tracy Morgan truck accident and how failure to wear a seat belt may or may not affect a crash victim’s recovery in personal injury litigation. As we’ve noted, Missouri law does not allow courts to admit evidence of failure to wear a seat belt for purposes of demonstrating comparative negligence, but it does allow such evidence for the mitigation of

News

America’s Growing Nursing Shortage

Even before COVID-19, the medical industry was suffering from nursing shortages. Now, hospitals and clinics are cutting more staff in response to the current crisis. A reduced nursing staff puts patients at risk. If you’re injured or don’t receive adequate care because of the nursing shortage, who’s at fault? Why is There a Nursing Shortage? There are now more than three million nurses in America. A recent CNN report shows

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