What Are the Damages Available in Missouri Medical Malpractice Claims?
Medical malpractice claims in Missouri can result in various types of damages for the injured party, depending on the specifics of the case. Understanding the potential damages available can help victims and their families navigate the legal process more effectively. In Missouri, damages in a medical malpractice case are generally categorized into two main types: economic and non-economic damages.
Economic Damages: These are tangible losses that can be quantified in monetary terms. Economic damages typically include:
- Medical Expenses: This includes current and future medical costs related to the malpractice injury. Patients may need ongoing treatment, rehabilitation, or surgeries, all of which can be claimed as damages.
- Lost Wages: If the injury affects the victim's ability to work, lost wages during the recovery period can be claimed. This also covers loss of future earning potential due to long-term disabilities.
- Other Tangible Losses: This includes expenses like transportation costs for medical appointments, home care services, and any modifications needed in the home due to the injury.
Non-Economic Damages: These damages are more subjective and typically relate to the emotional and psychological impact of the injury. Non-economic damages in Missouri medical malpractice claims can include:
- Pain and Suffering: Victims can receive compensation for the physical pain and emotional distress caused by their injuries. This is often one of the most significant components of a non-economic damages claim.
- Emotional Distress: This refers to the psychological trauma and anguish a victim may experience as a result of the malpractice, including anxiety, depression, and loss of enjoyment of life.
- Loss of Consortium: In some cases, spouses of the injured party can claim damages for the negative impact on their relationship, including loss of companionship and intimacy.
Punitive Damages: In certain situations where the medical professional's conduct is found to be egregious or reckless, punitive damages may also be available. These damages are intended to punish the wrongdoer and deter similar behavior in the future. However, punitive damages are subject to strict limitations and must usually meet high legal thresholds.
It’s important to note that Missouri has specific laws regarding the cap on non-economic damages in medical malpractice cases. Under Missouri law, non-economic damages are generally capped at $429,000, but this figure may vary with inflation and changes in legislation. There are exceptions to this cap in cases involving catastrophic injuries or wrongful death, which can lead to higher compensation.
Conclusion: If you believe you have a valid medical malpractice claim in Missouri, it is advisable to seek legal counsel to understand your rights and potential damages. Experienced malpractice attorneys can help evaluate your situation, gather necessary evidence, and navigate the complexities of Missouri law to ensure you receive the compensation you deserve.