We always hear about pain and suffering while dealing with personal injury lawsuits. This is one of the non-economic damages awarded to a plaintiff for physical or mental suffering from injuries after a successful lawsuit. But pain and suffering are also awarded in medical malpractice cases. The main question to anyone who may be suffering is how can one prove to suffer from pain and suffering after a medical doctor’s negligence?
Understanding Pain And Suffering In Medical Malpractice Case
In the context of medical malpractice, pain and suffering can arise from a medical doctor causing harm to a patient due to negligence. It could be physical or mental suffering. For instance, if a birth-related injury left a mother with injuries on the pelvic floor, this could mean that the mother may not hold their bladder or bowel in place. Meaning, the mother will suffer from pain as a result of the injuries and suffer every time they need to answer nature’s call. Since pain and suffering are subjective, it becomes tough to come up with an accurate amount to award the plaintiff. This is why Alaska has damaged caps to ensure a judge or a juror doesn’t award huge amounts to the plaintiff. To understand how the damage caps in non –economic damages are awarded in Alaska, you can seek help from best Anchorage Alaska attorneys. An experienced lawyer will tell you that even when the nature and extent of the plaintiff’s injuries are similar, the damages awarded for pain and suffering can be different. The reason is that there are so many factors taken into consideration when coming up with the amount of compensation. They include:
- The plaintiff’s flawless testimony: The juror may feel inclined toward the plaintiff who is a good witness. Conversely, if the judge or juror presumes that your testimony is inconsistent and vague, this may affect the amount awarded. Additionally, there must be credited. As a plaintiff, you must build and earn trust from the juror. Your inconsistency may make the judge think you are making up something.
- The judge or the jury has to understand your case: This mostly works to your favor if you have an experienced lawyer. The lawyer will present the issue related to your pain and suffering in a way the judge will have to understand. Besides, a good lawyer will give the judge a reason for your compensation. This also falls on the side of the plaintiff; you have to explain to the judge how you’re suffering. If you practice stoicism, the judge will have every reason to believe you can move on since you seem to be strong.
- Have a good medical expert witness: You need to have a doctor who understands the pain you feel. Such as doctor will be on your side when it comes to explaining the severity of your injuries to the juror. If your doctor is conversant with what he/she is testifying and can show the diagnosis, you may get the right compensation. In almost all medical malpractice cases, expert medical testimony is needed to ensure the juror or judge doesn’t dismiss or decide your case too early as this could affect your award.
How To Calculate Pain And Suffering
Unlike hospital bills and any other related expense, pain, and suffering cannot be quantified. It becomes the work of the juror to come up with a figure they deem fair and reasonable based on the knowledge of many cases they have handled. Meaning, there is no definite formula to be used to come up with a figure. In most of the states in the U.S, there is a law limiting the amount a plaintiff can recover from a successful medical malpractice lawsuit. In such a case, you may need legal representation to learn more about Alaska’s medical malpractice laws. This is because you are supposed to determine what is needed to prove pain and suffering and also to comply with the rule of the time allowed to file a claim.
Compensation For Pain And Suffering
If you were receiving treatment and your surgeon or medical doctor acted negligently, you may be compensated. Any injury suffered may lead to more complications and thus rising to a significant amount of pain and suffering. This is especially when your day to day activities have been interfered with causing long term health issues. Also, you may undergo pain and suffering as you got through treatments that could have been avoided were it not for the doctor’s negligence. If you or your loved one have suffered from pain and suffering due to a medical doctor’s negligence, you need to seek justice. While, in most instances, it’s a nightmare to have the compensation you deserve, a good lawyer can help by convincing the juror that you suffered.
