What Damages Can I Recover in a Medical Malpractice Case?

Medical Malpractice

In a medical malpractice case, damages are the losses you suffered because of a healthcare provider’s negligence. At Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., we have experience recovering millions of dollars for victims of medical malpractice and their families. If medical malpractice harmed you, we can review your case and help determine the damages you may be able to recover, which may provide compensation for:

Medical Expenses

You have the right to compensation for the diagnosis and treatment of the injuries you incurred because of the medical malpractice. You can also seek compensation for the future medical expenses you reasonably anticipate incurring because of your injuries to cover costs such as:

  • Future medical treatment and rehabilitation
  • Costs of long-term disability care, such as home health services or skilled nursing facilities
  • Medical equipment
  • Medicine

A certified life care planner may be able to assess your situation and prepare a comprehensive report about your future care needs and related expenses.

Wage Loss

You are also entitled to recover wages for the income you lost because you were receiving medical treatment or unable to work because of your injuries. This amount of your damage claim calculates the difference between what you would have earned had you not been injured and what you earned during the relevant period.

If the medical malpractice caused you to suffer a permanent disability, you can also receive compensation for your diminished earning capacity. Calculating this portion of your damages can be difficult. An economic expert may need to review relevant factors such as the following to calculate your reduced earning capacity:

  • Your age
  • Education
  • Previous health
  • Work experience
  • Industry
  • History of promotions and job advancement
  • Education
  • Job skills

In Pennsylvania, there is no cap on economic damages such as your medical expenses, lost wages, and reduced earning capacity.

Non-Economic Damages

In addition to your economic damages, you may be able to recover compensation for your non-economic damages, which may include:

  • Physical pain and anguish
  • Emotional distress or trauma
  • Humiliation
  • Loss of the ability to enjoy the pleasures of life
  • Disfigurement

Various factors can affect the value of your non-economic damages, including:

  • The nature and severity of your injuries
  • The permanency of your injuries
  • The duration and nature of necessary medical treatment
  • Your health before and after the negligent healthcare
  • Your age
  • The extent of your pain and suffering
  • How the injuries affect your daily life
  • The activities you can no longer enjoy because of your injuries

Juries are instructed to calculate the value of these losses based on their own life experiences.

Our medical malpractice attorneys prepare every case for trial. We have recovered hundreds of millions of dollars for our clients and will work tirelessly to demand fair compensation for you.

Contact an Experienced Medical Malpractice Attorney Today

If you have suffered complications due to negligent medical care, get the legal help you need to pursue maximum financial recovery through a medical malpractice claim. Contact Eisenberg, Rothweiler, Winkler, Eisenberg & Jeck, P.C., today for a free, no-obligation consultation with an experienced medical malpractice attorney to determine the damages you are eligible to recover.

It takes a specific mindset, specialized skills and substantial resources. The types of cases we handle are not the average personal injury. They involve severe, permanent injuries to people that radically affect their lives forever, or in some instances, even cause their death.