Maximizing your medical malpractice award: work with experienced attorney, P.2

In our last post, we mentioned a recent medical malpractice case initiated by a Jackson woman who won a $1.3 million award which was deemed excessive by the physician she sued. As we noted, $500,000 of the award was for pain, suffering, scarring and disfigurement, as well as mental/emotional distress, all of which are considered non-economic damages.

As we noted last time, the ordinary cap on noneconomic damages in Michigan is $500,000 when the exceptions mentioned last time apply. Another exception is cases where a plaintiff has suffered permanent loss of or damage to a reproductive organ resulting in the inability to procreate.  

Proving non-economic damages is different than proving damages such as lost wages, loss of earning capacity, and medical costs in that determining specific figures for non-economic damages is more subjective. How exactly do you quantify pain and suffering, loss of enjoyment of life, and loss of consortium? The jury must be allowed to consider all the evidence and assign an award they determine to be appropriate, but different juries can come up with different outcomes.

Maximizing a plaintiff’s non-economic damages award in medical malpractice cases involves providing enough detail about the impact of the accident on the plaintiff’s life, including his or her mental and emotional reaction to all these changes, so that the jury makes an emotional connection with the plaintiff’s situation. It doesn’t mean painting a false picture to manipulate the emotions of jurors, but simply giving them the opportunity to understand the plaintiff’s suffering and assign an appropriate award.

Building a strong case, of course, requires an advocate who not only understands the technicalities of building a case for damages, but also how to appeal to the humanity of the jurors and who can ensure the jury has adequate instruction to ensure a fair award.

No Comments

Leave a comment
Comment Information

Free Consultations | No Fee Unless We Win

Email us or call us at 866-585-1076 to discuss your medical malpractice case. There is no cost, no obligation and never a fee unless we are successful. You have nothing to lose by learning your rights and options today.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Request a Free Consult

Penobscot Building, 645 Griswold Street, Suite 4200
Detroit, MI 48226

Toll Free: 866-585-1076
Phone: 313-447-0634
Fax: 313-961-5985
Detroit Office Map

Ohio Office
315 East Main Street
Suite A
Ottawa, OH 45875

Phone: 269-220-3379
Ohio Office Map