Compensation for Medical Malpractice: Understanding Damages in Washington State

Compensation for medical malpractice refers to the financial recovery awarded to a victim of medical negligence to compensate for the damages they have suffered including harm, injury, loss, and expenses. This compensation is owed to the victim because of the negligent or intentional actions of a medical professional or health facility that was supposed to care for them.

If you or a loved one was injured because of negligent medical care, you deserve justice. Contact an experienced local medical malpractice lawyer to discuss your legal rights.

Compensation for Medical Malpractice: Understanding Damages

In order to collect damages either through an out-of-court settlement or at trial, a medical malpractice claimant must show that:

1. The health care provider owed a duty of care to the patient.
2. The duty of care was breached through negligent or intentional conduct.
3. The negligent care resulted in patient harm.
4. A dollar value can be placed on that harm (damages).

Compensation for medical malpractice cases typically fall into two categories: special/economic and general/non-economic. In some cases, punitive damages may be awarded.

1. Special or economic damages

Economic damages are quantifiable financial losses incurred by the victim as a direct result of the medical malpractice. They may include:

• Medical expenses: Compensation for current and future medical bills, hospitalization costs, surgeries, medications, rehabilitation, and any other necessary medical treatments related to the malpractice.
• Lost income: If the victim is unable to work or experiences a decrease in earning capacity due to the malpractice, the victim may be entitled to compensation for lost wages and potential future loss of income.
• Other financial losses: Compensation for additional economic damages may include expenses for home modifications or medical equipment, transportation costs for medical appointments, and other related out-of-pocket expenses.

2. General or non-economic damages

Non-economic damages are more subjective and aim to compensate the victim for intangible losses that are not as easily quantifiable. These may include:

• Physical pain and suffering: Compensation for physical pain, discomfort, and emotional distress caused by the malpractice, including ongoing pain and future suffering.
• Emotional distress: Compensation for psychological trauma, anxiety, depression, and other mental or emotional distress resulting from the malpractice.
• Reduced quality of life: Compensation for loss of enjoyment of life and the inability to pursue hobbies or participate in activities because of the malpractice.
• Loss of consortium: In cases where the malpractice has significantly affected the victim’s relationship with their spouse or family members, damages may be awarded for the loss of companionship, support, or sexual relations.
• Effects of long-term or permanent disability: Compensation for any permanent physical scarring, disfigurement, or disability resulting from the malpractice.

3. Punitive Damages

In rare cases where the healthcare professional’s conduct was particularly egregious or intentional, punitive damages may be awarded to punish the defendant and deter similar behavior.

In Washington State, punitive damages are not typically awarded but there are numerous statutory exceptions where punitive damages may be allowed.

Your personal injury lawyer will assess the circumstances of your case and calculate what a reasonable settlement would be for your injuries and losses and then get to work fighting for a full and fair settlement on your behalf.

It’s important to note that laws around damages may vary from state to state, including the amount of compensation that can be awarded in medical malpractice cases. Factors such as the severity of the injury, the impact on the victim’s life, and the level of negligence involved are considered when determining the appropriate amount of damages to be awarded.

The Seattle Personal Injury Lawyers You Want on Your Side

The personal injury attorneys at Tinker Law Firm have been winning birth injury, medical malpractice, and personal injury cases for individuals and their loved ones in Seattle and across Washington State since 1974. We seek justice for injury victims who have been harmed by preventable medical errors, and the negligent or abusive actions of another. Our clients pay no fees or expenses to file a personal injury claim; our firm advances out-of-pocket expenses and is only reimbursed when we recover a settlement on your behalf. Do not delay; personal injury claims in Washington State have a statute of limitations, which means they must be filed within a certain time from the date of the injury.

Call us now at 206-842-1000 or contact us online to schedule a free consultation with one of our skilled and experienced injury attorneys.