What Are Common Types of Pain and Suffering in Medical Malpractice Cases?

For many medical malpractice victims, the medical bills and lost wages they incur as a result of their doctors’ or surgeons’ negligence pales in comparison to the physical pain and emotional suffering they experience.

People who are harmed by negligent medical providers not only lose trust in the highly educated professionals who were supposed to “do no harm,” but they also deal with significant challenges in their day-to-day lives.

There are many types of pain and suffering damages that medical malpractice victims can receive compensation for, and in many cases, victims can get compensation for more than one type in a single medical malpractice lawsuit.

Disfigurement

When a person’s appearance is permanently and dramatically harmed, such as with severe and highly visible scarring, they can be considered disfigured. Disfigurement can occur as a result of accidents, illnesses, assaults, but also medical malpractice.

There are many different ways doctors’ and surgeons’ mistakes can cause disfigurement:

• Surgical errors resulting in skin damage
• Excessive scarring due to poor technique or suturing
• Burns caused by lasers or chemical skin treatments that are too strong

Disfigurement can be extremely distressing for victims. It can impair them socially, romantically, and professionally, and it’s common for victims of disfigurement to develop depression, anxiety, and even practical difficulties with everyday activities, depending on where on the body the disfigurement occurred.

Physical Pain

Pain is one of the most common causes of reduced quality of life. Chronic pain can make it difficult for sufferers to enjoy any aspect of life, and it’s also a major risk factor for opioid addiction.

Chronic pain is common after surgical mistakes and when patients are cleared to go back to work, exercise, or other strenuous activities too soon after major operations and procedures. It can also occur when certain illnesses are allowed to progress due to delayed or misdiagnosis—especially when treatments become ineffective after a certain point.

Loss of Consortium

This phrase describes a victim’s lost ability to provide love, guidance, and emotional support to their partner.

It can include:

• Loss of guidance from parent to child
• Loss of household, domestic, and child-raising help
• Loss of sexual relationship
• Loss of companionship
• Loss of affection

Loss of consortium is a common aspect of medical malpractice claims involving brain injuries, chronic pain, amputation, permanent disability, and death.

Loss of Enjoyment of Life

When discussing compensation for disability and reduced physical ability in relation specifically to pain and suffering damages for medical malpractice cases, this compensation is not intended to cover lost wages. That will be covered through your economic damages. Instead, your pain and suffering damages after disability cover the inability to enjoy life because of your injury.

For example, someone who loses the ability to run because of a doctor’s mistake may experience a profound reduction in quality of life if they previously enjoyed frequent exercise, jogging, or playing sports.

Pain and Suffering Damages Are Capped in Ohio

Ohio law limits the amount of money that medical malpractice victims can receive for their pain and suffering. The current limit is $250,000 or three times their economic damages (i.e., medical bills and lost wages) up to a maximum of $350,000.

When medical malpractice results in severe pain and suffering, such as profound disfigurement, loss of a limb or vital organ, or an injury that prevents them from living independently, victims may be able to receive up to $500,000.

Our Ohio Medical Malpractice Lawyers Fight to Get Our Clients Paid in Full

Pain and suffering is an important part of medical malpractice claims, but not all law firms take the time to calculate how much their clients are owed and then fight to ensure they get fair compensation.

At Nurenberg, Paris, Heller & McCarthy, we work hard to never leave money on the table for our clients. In addition to ensuring our clients get the money they need for their current and future medical bills and lost wages, we also ensure they get paid to compensate them for all the ways their doctors’ or surgeons’ negligence will affect their day-to-day lives.

You don’t have to suffer alone if you or someone you love was harmed by a medical professional who you should have been able to trust. Contact us today for a free consultation.

Related Posts