What Damages Can Be Recovered in an Odessa Medical Malpractice Case?

Medical malpractice is a growing problem in the United States. In fact, medical errors are currently the third-leading cause of death among Americans every year—behind only heart disease and cancer. Even for those victims who endure medical errors and survive, recovering after medical malpractice can be a long and stressful process. If you’ve been the victim of medical malpractice in Odessa, you may be wondering, “What should I do now?” or “What damages can be recovered in an Odessa medical malpractice case?” Fortunately, our Odessa medical malpractice attorneys at Carabin Shaw are here to provide answers to these and other questions regarding these types of claims.

Before getting into specifics, it’s important to note that medical malpractice damages fall into two broad categories: economic and non-economic damages. While economic damages can be calculated exactly, non-economic damages are incapable of being calculated down to an exact number, and can be much harder to determine as a result. Economic damages are sometimes referred to as “special damages.”

According to our medical malpractice attorneys serving Odessa, there are several types of economic damages that can be recovered through a medical malpractice claim, including:

Medical Bills and Other Medical Expenses

To calculate these damages, your attorney will total the cost of all of your medical bills (including hospital stays, doctor visits, and surgeries) that you required as the result of your doctor’s negligence. You can also receive damages for the cost of ongoing treatments for your injury, such as the cost of prescription medications or physical therapy.

Lost Wages

Lost wages refers to the income (and other benefits) you have already lost because of missed work due to your injury or illness. For example, if you were out of work for a month due to a surgery and a subsequent hospital stay, you can receive damages for what you would have made at your job during that month.

Lost Earning Capacity

This term refers to the decrease in the amount of income you will be able to make in the future as a result of your Odessa medical malpractice injury. It is sometimes termed “future loss of earnings” or “impairment of earning power.” You may be qualified to receive these damages if your injury was very severe, or if you were permanently disabled by the medical error. Your attorney will enlist an expert to help calculate your lost earning capacity by looking at wage rates and your current pay.

As mentioned before, non-economic damages cannot be calculated to an exact number and are consequently harder to determine. Non-economic damages available to medical malpractice victims include:

Pain and Suffering

Most non-economic damages in medical malpractice cases are connected to pain and suffering. These damages must be documented differently than financial damages, and will likely require witness statements from friends or relatives; this will help the judge determine just how much malpractice has affected your life.

Loss of Enjoyment of Life

If your quality of life has been permanently affected by your illness, disability, or injury, then you may be eligible to receive these damages.

When choosing a lawyer to handle your case, there are many factors you must consider. You need to find a personal injury lawyer with trial experience who specializes in medical malpractice and misdiagnosis in Odessa, and who has a winning track record handling these types of cases. Next, your Odessa medical malpractice attorney should have the resources and staff to take on a hospital’s sizeable legal team. Finally, you’ll want to choose a professional and compassionate lawyer, because you need someone you can trust.

At Carabin Shaw, we meet all of these criteria and more. Our lawyers have a combined 200 years of legal experience, and we’ve been handling medical malpractice cases for more than two decades. We’ve recovered $500 million in compensation for our clients, and we can help you get the damages you deserve so you can get your life back on track.

To schedule your free consultation with one of our qualified attorneys, call our office serving Odessa at (432) 620-0544. Don’t wait—call today and learn what we can do for you.