Oklahoma City Personal Injury Lawyers

Moore Medical Malpractice Damages

If you suffered injuries due to a medical professional’s negligence, you may be eligible to recover compensation for your damages. Damages are classified as harm or loss resulting from an injury to a person, property, or reputation. While nothing could make your life as it was prior to your injuries, a dedicated injury attorney could help you with recovering Moore medical malpractice damages. Contact a dedicated medical malpractice lawyer today.

Types of Damages in Medical Malpractice Cases

Moore medical malpractice damages can be broken down into three basic categories:

  • Economic
  • Non-economic
  • Punitive

Economic

Economic damages are the most straightforward. They are compensation for monetary loss a plaintiff faced due to an injury or accident. Examples of economic damages include loss of income, medical bills, and any other costs incurred because of the error of the health professional.

Non-Economic

Non-economic damages are any pain and suffering or permanent damage the plaintiff sustained. Other examples of non-economic damages include loss of consortium, loss of companionship, and decreased quality of life. Non-economic damages are based on life experiences and what the jury would value that for the patient.

These types of damages are unique in medical malpractice cases because they are more difficult to quantify. For example, if a plaintiff had to pay $20,000 for a medical procedure, it would appear the surgery is worth just that, but when harm and stress to the patient are considered, it because more difficult to calculate. In this situation, the plaintiff can be awarded $20,000 plus additional compensation for their pain and suffering caused by the injury.

Punitive

Punitive damages are awarded to punish the liable party if there was clear negligence or they did something intentionally with reckless disregard for the rights of others. Punitive damages are not common, but there are some circumstances that they may be awarded.

How Are Damages Calculated?

There is not a set formula for how damages are calculated in Moore medical malpractice cases, but a jury will look at all the damages and harms sustained by a patient. This will include the victim’s medical bills, future medical bills, time off from work, future time off they will have to miss from work, any nursing care or in-home care that they will need, and the pain and suffering the patient has incurred.

In jury trials, the jury will typically calculate the damages. If it is a bench trial, then a judge will decide the total verdict. Before it gets to trial, a plaintiff’s attorney and the defense attorney may try to settle or negotiate a number that the patient and the insurance company are willing to settle the claim for. However, the actual calculation will be done by the jury or the judge.

There is currently no cap on damages in Moore medical malpractice cases. The cap once was $350,000, but the Supreme Court recently ruled it unconstitutional.

Statute of Limitations in Moore

The statute of limitations for Moore medical malpractice cases is generally two years from the date of the malpractice or when the malpractice was reasonably known to the patient. For example, in a failure to diagnose case, the individual may not know about the misdiagnosis until a year or two later. The clock for the statute of limitations does not start running until the patient has a follow-up appointment with another doctor to find out about the misdiagnosis.

If the medical center is state-run, there is a notice under the governmental tort claim requirements to put the state on notice within 90 days. If it is deemed denied, then the person has 180 days to file suit after that. A seasoned lawyer could help an injured victim with filing a claim within the statute of limitations.

Get Help Recovering Moore Medical Malpractice Damages

Due to the statute of limitations, it is essential to contact an injury attorney as soon as you discover the malpractice. Together, you and a qualified attorney could work to get you the compensation you deserve. If you have any questions regarding Moore medical malpractice damages or you have suffered injuries due to a doctor’s negligence, call an attorney today.