In virtually any kind of an injury case, the types of damages that we pursue for our clients are typically divided into two categories. There are economic damages, which include things like medical expenses, and lost wages. Those are things that can be calculated to a precise number. Then there are non-economic damages, which include things like pain and suffering, inconvenience, and loss of enjoyment of life’s pleasure. Sometimes, there is scarring, disfigurement, or embarrassment, and just not being able to do the things that you want to do with your life, because of an injury. Those are non-economic damages, they are not so easy to calculate.
If there is a trial, the jury is asked to determine an appropriate amount of money to compensate a person for their economic damages, like their medical bills, and lost wages, as well as non-economic damages. In malpractice cases in Pennsylvania, it is a little bit different, because there is a law that was passed by the legislature that governs what damages can be sought in malpractice cases known as the MCARE Act. It changes things a bit with regard to reducing future damages to present value, and with regard to medical expenses that are paid by private insurance companies. The types of damages that can be brought in a malpractice case are very similar to the types of damages that can be brought in other cases, modified by the MCARE Act.
Under MCARE, juries are asked to separately enumerate a specific dollar amount for six different categories of potential damages (past and future medical expenses, past and future lost earnings, and past and future non-economic damages such as pain and suffering). Also, juries have to specify future medical expenses for each year. Under MCARE, future medical expenses are be paid as periodic payments based on the present value of the expenses awarded with adjustments for inflation and the life expectancy of the injured plaintiff. We often hire economic experts and life care specialists to help the jury determine these damages. Under MCARE, future lost earnings and loss of earning capacity damages are reduced to present value based upon the return that the claimant can earn on a reasonably secure fixed income. Again, expert testimony is typically presented on this issue.
Damages awarded for non-economic losses such as pain and suffering are not reduced to present value, and there is no cap or limit on these losses. If medical bills are covered by private health insurance, we cannot claim them in our lawsuit. However, medical bills paid by Medicare, Medicaid, DPW, ERISA plans, and certain other plans can be claimed.
Does Signing A Consent Form Impact A Medical Malpractice Claim?
It depends. The admissibility of consent forms is in doubt in most cases, so a jury may not even see this evidence. More importantly, by signing the consent form you are acknowledging that you have been told the risks of the procedure. You are not consenting to careless conduct by the doctor or hospital.
There is a type of case in Pennsylvania known as a “lack of informed consent” case. Basically, if you did not give valid consent for a medical procedure, the doctor has touched you without your consent and has committed a battery. Medical procedures include surgery; administration of anesthesia during surgery; administration of radiation, chemotherapy, and blood transfusions; and insertion of surgical devices or appliances.
The doctor performing the procedure is required to disclose all those facts, risks and alternatives that a reasonable patient in the same or similar situation would want to know before deciding whether to proceed with the proposed treatment.
For example, if you go in for surgery, the doctor is required to take the time to explain to you what type of procedure, what the benefits of that procedure are, and how they are going to do it, and what risks are involved. Therefore, if you have not been informed of those things, you may have the right to bring a case for lack of informed consent. The typical consent form is very broad, and lists everything that the doctor could think of that might go wrong during the procedure. It is on a printed form that the doctor fills out, and the patient signs it right before the surgery starts, typically under very difficult and stressful circumstances.
That form would govern potentially a lack of informed consent case if it is in writing, and spells out in some detail the nature of the procedure and its risks. This might prevent you from bringing a lack of informed consent case. However, if the doctor goes on to perform that procedure in a careless fashion in a way that deviates from standard medical practice, then that form does not protect him or her from their careless actions.
What Sets You And Your Firm Apart In Handling Medical Malpractice Cases?
I will handle your case. We do not have young, inexperienced associates in our office. I want to know right from the beginning whether this is a valid case that can be won, and whether I can help my client, or whether we are going to spend a lot of time, money, and effort, and not be successful. We are successful because we select the right cases to pursue and only select cases that we believe can be won at trial.
I prepare right from day one, as if there is going to be a trial with your case. Malpractice cases go to trial more frequently than other kinds of cases, so you have to prepare right from the very beginning as though there will be a trial, and that a jury will decide the case.
I have been in practice for thirty years, so it is very likely that I have seen or been involved in cases that have some similarities to yours. No two cases are exactly alike, every case is different. However, there are some common themes, facts, and some common situations. For example, if a person comes to me and says, “My husband went to the emergency room and was having chest pains and thought he might be having a heart-attack but they checked him out and sent him home and told him he was fine. A day or two later, he suffered a heart attack and died”. Well, I have tried that case before. I have handled that case before. I know a good bit about the medicine in that type of a case. Due to my experience, I know what evidence we will need, where to look, and I know what questions to ask in pursuing the case. I know how to uncover the proper evidence. I have had the opportunity to work with many of the top experts all over the country. So, if a person comes to me with a certain type of case, it is likely that I know some of the top doctors in the country in that field. They will take my call, review the case, give us their expert opinions, and testify if necessary.
Therefore, I have the ability, the expertise, and the experience to get the right experts, ask the right questions and go to trial if necessary, and pursue the case to a successful completion. I am a trial attorney; I have been trying cases for thirty years. Although many cases settle, I am fully capable, interested, and available to try cases, and do it successfully. The other side knows that, they know my reputation, and my experience. Because of that, many times, cases that they might try against a lesser experienced attorney, they may decide to settle with me. They know if they do not pay a voluntary settlement, then there will be a jury verdict at the end of the line that will make them pay for their decision.
For more information on Damages In Medical Malpractice Claims, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling 1-844-334-6654 today.