Proving Damages in a Medical Malpractice Lawsuit

If you suffered medical malpractice, then you have the right to recover compensation. However, to be compensated, you must prove that your damages resulted from a medical provider’s negligence. To do this, there’s no getting around it: you need evidence. 

In a situation like this, you could benefit from entrusting your medical malpractice lawsuit to a personal injury lawyer. They can gather the evidence needed to support the cause of your injuries, along with the cost of your damages. Time is limited to initiate your medical malpractice case, so consider your legal options now. 

Evidence That Can Prove a Medical Malpractice Lawsuit 

Every personal injury case requires evidence to succeed. If you suffered injuries from medical negligence, supporting evidence in your case depends on the details of the error. For instance: 

• If you suffered injuries from a misdiagnosis, your imaging scan results and lab tests could prove that the doctor didn’t diagnose you properly. 

• If you suffered injuries from a surgical error, your lawyer can consult with third-party surgeons to learn the cause of the error and how it deviated from their field’s standard of care.  

• If your loved one passed away from substandard medical care, supporting evidence could include their medical records, testimony from third-party healthcare consultants, and the details of their autopsy. 

You can attempt to compile this evidence yourself, but while suffering from a serious condition, you may find it too difficult. To give yourself the time you need to heal from your condition (while holding a negligent healthcare provider accountable), you could benefit from hiring an injury lawyer. They can handle everything your case requires and recover financial compensation. 

Documentation Asserts the Cost of Your Economic and Non-Economic Damages 

As the victim of medical malpractice, you have the right to seek compensation for both economic and non-economic damages. But how much can you recover? Well, that depends on the details of the medical error and other factors unique to your situation. When assessing what constitutes a fair settlement offer, your lawyer will consider: 

• The severity of your condition. The more severe your health condition, the more compensation you can recover. For instance, spinal cord injury claimants typically recover more than those who suffered minor infections. 

• Your prognosis. If the medical error will forever change your life, you deserve compensation that reflects those hardships. 

• Your financial losses. Your lawyer will review your injury-related bills, receipts, and invoices to learn the cost of your financial losses, such as your in-home care costs. 

• Whether you have a lifelong disability. With proper medical care, you could make a full recovery and resume your normal quality of life. If you have a lifelong disability now, however, this could play a large role in establishing your right to damages.  

• The extent of liability. When evaluating your losses, we’ll ask ourselves whether multiple parties shared liability. For instance, did a pharmacist make a mistake because a lab company gave your doctor the wrong results? 

Whether you contributed to your condition also plays a role in the damages you can recover. Picture this. You went into emergency surgery after your appendix burst. Your doctor didn’t prescribe antibiotics to prevent an infection. Yet, you waited two weeks to report any symptoms to your doctor and suffered a serious condition. 

This could affect how much you can recover because the other party may allege that if you had sought medical care earlier, your injuries wouldn’t have been as severe. When you hire a medical malpractice lawyer, they can protect you from these allegations and seek fair compensation through a lawsuit. 

What Damages Are Recoverable in a Medical Malpractice Lawsuit?

As someone who suffered medical malpractice, you have the right to recover every injury-related loss associated with the error or omission. Compensatory damages through a personal injury claim or lawsuit may include: 

• Medical expenses, including anticipated costs to remedy the error 
• Loss of income, tips, bonuses, and benefits 
• Loss of future earning capacity 
• Pain and suffering and inconvenience 
• Out-of-pocket expenses, including in-home assistance, residency in a care facility, and childcare expenses 
• Emotional distress and psychological trauma 
• Punitive damages 
• Mental anguish 
• Loss of enjoyment of life 
• Loss of consortium 

Proving and recovering damages in a medical malpractice lawsuit isn’t easy. In a situation like this, you could benefit from entrusting your case to a lawyer. They can gather evidence, calculate your losses, and hold the at-fault party accountable. In a dark situation like this, you have options––no, with legal representation, you have hope. 

Entrust Your Medical Malpractice Case to Our Personal Injury Attorneys 

KJT Law Group has recovered more than $100 million in damages and boasts more than a decade of legal experience. If you’re looking for a medical malpractice lawyer to manage your case while you focus on healing, look no further. Not only can we manage your case, but we can represent you on a contingency-fee basis, meaning we charge nothing upfront or out of pocket for our help. 

Call now to start a free case review. We can discuss your case, next steps, and financial recovery options.