What Medical Malpractice Lawyers Don’t Tell You: Damages

When analyzing a potential medical malpractice case, lawyers consider many factors in a case that are not specifically addressed in the legal definition of medical malpractice. For example, the severity of an injury that is sustained as a result of a doctor’s mistake. This is frequently referred to as “damages”. The concept of damages is not always explained by the attorney, whether they are physical, financial, or emotional. The extent of a person’s damage will affect the settlement value of the case. People with more serious damage will have cases of higher value. This impacts the attorney’s compensation for the case, as they are paid with a percentage of the settlement value. The larger the case value, the more money an attorney makes on the case. Therefore, it is more likely that an attorney will consider a case if the patient has serious or permanent damages that result in a higher award to the patient. Examples of these types of damages are amputations, loss of limb function, loss of a job, or death. 

To help determine if you have permanent damage, make an appointment with a doctor who is a specialist in the relevant area of medicine. During the evaluation, key questions to ask them are: 

  • “How do you think this injury happened?”
  • “Do you think my injury will recover? If so will I ever be back to 100%?”
  • “Will my injury be permanent, or will I get better?”
  • “Are there any procedures or treatments that I can do to treat or correct the injury?” 

 

Be sure to document the name of the doctor who is evaluating you, as well as their findings. At this point, you will have a better picture of whether or not there are serious damages in your case. Overall, damages are a separate consideration that lawyers take into account when analyzing your case. It helps to have a medical professional confirm the nature of your injury.