Medical malpractice

Understanding Pain and Suffering Compensation in a Medical Malpractice Lawsuit

January 22, 2025 by James McHugh, Jr.
pain and suffering medical malpractice

Medical malpractice errors affect thousands of individuals every year. Victims entrust their care to medical professionals and then are betrayed and left to deal with the negative impacts on their health, life, and finances. Medical malpractice often robs victims of their quality of life and peace of mind. When you fail to receive the quality of care you are entitled to because of negligence, a Philadelphia medical malpractice lawyer is ready to advocate for you.

Lopez McHugh LLP is by your side when you have experienced pain and suffering in a medical malpractice case. Our team can help you get justice when you have been harmed by negligent medical professionals. We see your pain and suffering and understand the vulnerable position you are in, and work tirelessly to protect your rights while working to secure maximum compensation for your injuries.

Medical Malpractice Victims Suffer Significant Losses

If you or a loved one have ever received an incorrect or delayed diagnosis, undergone a treatment you did not need, or had medical equipment left in you after surgery, you have most likely been the victim of medical malpractice. Medical malpractice occurs when physicians fail to maintain a normal and acceptable standard level of care. Patients are then left to deal with the implications of these mistakes.

An estimated 400,000 individuals are affected by medical malpractice annually, according to the National Library of Medicine, with over 200,000 individuals dying of such errors. Medical malpractice can also cause serious health conditions and complications for patients. A misdiagnosis could mean that an individual learns about their real condition too late and misses the early detection that could have minimized the risk. Surgical errors and unnecessary treatments can cause patients immense pain and negative side effects.

Medical errors cost patients their health, financial security, and quality of life. Saddled with steep medical bills and new limitations, malpractice has far-reaching implications for the lives of patients. However, with the help of a medical malpractice lawyer, you can hold physicians accountable and get the resources you need to offset your expenses and suffering.

Medical Malpractice Losses Are All-Encompassing

Financial losses are generally the first thing to come to mind when thinking about compensation in a lawsuit. However, your losses are far greater than just your medical expenses. You have also suffered a great trauma and its effects.

While the value of these losses is much more intangible, they are very real and affect your life just as much as your physical condition. Some of these types of losses include:

  • Pain and suffering
  • Emotional distress
  • PTSD, anxiety, and/or depression
  • Diminished quality of life
  • Loss of enjoyment
  • Loss of companionship
  • Loss of consortium

Since these types of losses are not as easy to establish as your financial ones, they require a different approach. It is important to talk with your lawyer about the full extent of your losses and what damages you could be entitled to receive based on your specific situation.

Calculating Pain and Suffering Compensation

While it cannot take away your pain and suffering, compensation can help ease the weight of the burden you are under. Unlike financial losses (also known as economic damages), which are calculated by adding up the monetary value of each loss, pain and suffering (known as non-economic damages) are more nuanced.

These losses may be more subtle, inconspicuous, or hard to quantify. As such, a multiplier method is typically applied to determine the value of pain and suffering. With this method, the value of your economic damages is multiplied by a number between 1 and 5, which represents the severity of your pain and suffering.

The resulting number from this formula is then awarded to you in the form of non-economic damages. For example, if your monetary losses were valued at $250,000 and then multiplied by 3, you would receive $750,000 for your pain and suffering. However, each case is completely unique, so rely on your medical malpractice attorney to help you calculate the appropriate number in your claim.

Evidence Needed to Establish Pain and Suffering in a Medical Malpractice Case

In order to receive compensation for your pain and suffering, you must first provide evidence of the effects you suffered from medical malpractice. This is not as easy as producing a medical bill with a concrete dollar amount. Rather, accounts that speak to your well-being, emotional and mental health, and ability to participate in your usual activities are all necessary for demonstrating pain and suffering.

Some forms of evidence you can use to support these elements include:

  • Journals documenting pain or emotional and mental state
  • Statements from those who know you well
  • Records of treatments you have undergone
  • Documentation of normal activities you may no longer participate in
  • Documentation demonstrating loss of normal companionship and consortium

Your lawyer can provide specific details on what evidence is most relevant to your case.

A Medical Malpractice Lawyer Provides Unwavering Support

Injuries and health issues brought on by medical malpractice are often preventable. While there are many factors that can contribute to these errors, negligence is often the underlying cause across the board. When this is the case, you have the right to file a lawsuit against the physician responsible for your harm or against the hospital or institution itself.

A lawyer can help you determine what your options are after being exposed to medical malpractice and help you file a lawsuit against the party responsible. They will evaluate and investigate your case to learn all the details relevant to your lawsuit and work with you to collect the evidence required for your medical malpractice claim. Your lawyer will also work to establish that negligence was committed when a medical professional hurt you because they failed to take reasonable precautions to prevent harm.

Going up against a hospital’s legal team may feel intimidating, but a highly experienced lawyer can skillfully advocate for you and negotiate a settlement that will ensure you are fully compensated for what you have suffered. They will protect your rights so opposing parties do not take advantage of you and diminish your pain.

Statute of Limitations for Filing a Medical Malpractice Lawsuit

While health conditions resulting from medical malpractice may not show up right away, it is important to be mindful of the statute of limitations. For medical malpractice, individuals who choose to file a lawsuit must do so within two years of when they discovered (or should have discovered) the malpractice, according to 42 PA CS §5524. After this time expires, no further attempts to file a lawsuit can be made.

Additionally, some exceptions to the statute of limitations may apply, so it is important to talk with a lawyer as soon as possible to learn about the time limits applicable to your situation.

Lopez McHugh LLP Gets Justice for Medical Malpractice Victims

Lopez McHugh LLP fights to ensure you see justice done when you have been the victim of medical malpractice.  We understand how frightening it can be and strive to resolve your case swiftly so you can get the care you need to manage or undo the harm done to you. Contact our compassionate and experienced team today to pursue compensation and restitution for your injuries and suffering.

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