Medical malpractice is professional negligence by act or omission by a health care provider in which care provided deviates from accepted standards of practice in the medical community and causes injury to the patient.
Standards and regulations for medical malpractice vary from state to state. Medical professionals are required to maintain professional liability insurance to offset the risk and costs of lawsuits based on a potential medical malpractice claim against them.
Compensation in a Medical Malpractice Case
As in any other personal injury case, the damages which can be recovered in a medical malpractice case fall into two classifications: "special damages" and "general damages". "Special damages, or "economic", damages, are the "cost" of medical care, the "cost" of special medical devices, "costs" the plaintiff will incur in on order to continue to function, the loss of future earnings, and other "out of pocket" expenses/losses. "General Damages" or "non-economic" damages, are the compensation to the plaintiff for the pain, suffering, disfigurement, embarrassment, loss of enjoyment of life, and so on.
The Economics of a Medical Malpractice Case
When considering the costs of pursuing a medical malpractice case (usually anywhere from $50,000 to $100,000+ in costs) plus attorney fees and the projected outcome of a jury award, it becomes apparent that the only "economically viable" medical malpractice cases are those with large "economic damages".
Death Caused by Medical Malpractice
In cases involving death, the same basic analysis applies as any other personal injury case, except for the non-economic damages and the attorney fees. Non-economic damages are limited to $500,000 in Massachusetts (with some exceptions).
In addition to non-economic damages the plaintiffs are entitled to recover the incurred medical and funeral expenses as well as loss of income that they would have otherwise received had it not been for the death. This situation results in most death cases of a relative that was not supporting someone, being not "economically viable", even though a life has been wrongfully taken.
