Meaning Of Considerable Damage In Medical Malpractice Cases
Personal injury law requires you to prove a few elements for your case to qualify as medical malpractice. One of these elements is that your suffered considerable damage due to the defendant's action or inaction. Below are some of the things that qualify as considerable damage.
Constant pain means ongoing pain, which can be either intermittent or continuous. Constant pain is considerable damage not only because of the suffering to which it subjects you but also because of the consequences that it can have on your overall life. For example, constant pain:
- Can interfere with your sleep quality and quantity
- Can affect your ability to enjoy your hobbies
- Can trigger loss of consortium
Consider a case where a negligent surgeon causes further injury when operating on your back to correct spinal degeneration. The surgeon's mistake constitutes medical malpractice if it leaves you with more pain than before.
A doctor's negligence can also leave you with an impairment that forces you to struggle with certain activities. The impairment can be emotional or physical. Examples of such impairments, which the legal system refers to as disabilities, include:
- Amputation; you cannot walk as easily as you did before the malpractice
- An infected spinal cord; you have to use a wheelchair
- Impaired vision; you cannot see as well as you did before the injury
You have a strong medical malpractice case on your hand if you can prove a disability, which constitutes considerable damage.
Considerable Loss of Income
Loss of income is a huge problem for injury victims, including medical malpractice victims. Loss of income comes in various ways. For example, you might lose income if:
- You cannot go to work due to pain
- You cannot work due to a disability, such as lost limb
- You cannot work because you have to be in the hospital
- You suffer cognitive impairment that impairs your ability to do the mental work that your work demands
The loss of income must be significant for it to constitute considerable damage. For example, losing a few hundred dollars if you usually earn hundreds of thousands of dollars might not be considerable. However, half of your regular income or so is considerable.
Medical malpractice cases are anything but straightforward. The cases go through channels and face complications that other personal injury cases don't. For example, most states require an administrative hearing of medical malpractice before victims can file lawsuits. Contact a personal injury lawyer for help with your case.