The Types of Compensation You Could Be Entitled to If Your Doctor Committed Malpractice
When you go to the doctor, nurse, or other medical professional for a medical condition, you trust them to treat your problem so you can get well. You could suffer devastating consequences if your doctor fails to diagnose your cancer, does the wrong surgery, or misdiagnoses another condition. Fortunately, you may have a claim of medical malpractice against him to obtain compensation for your losses. Understanding Idaho’s special laws about damages in these cases can help you receive all that you deserve.
What Damages Are You Entitled to in a Medical Malpractice Case?
An injured patient—or his family if he dies—is entitled to a wide range of damages in Idaho. You could be entitled to the following:
- Medical expenses. These can include medical bills, physical therapy, other helpful therapies, medical tests, medications, assistive tools, and any other expenses associated with your medical care, like transportation costs and lodging if you have to travel far.
- Lost wages. This includes much more than the paychecks you lost. You may be entitled to compensation for lost benefits, promotions, commissions, bonuses, and any other benefits you lost while you were off work healing.
- Future wages. If you were unable to return to work at the time of your settlement, you could be entitled to future wages for the period you will be off work. If you are permanently disabled, your future wage loss award could be sizeable. You may need a financial expert to calculate the amount of your future wage losses.
- Pain and suffering. You could be entitled to compensation for the physical and emotional distress you suffered as a result of the medical malpractice—which may be substantial depending on the type of malpractice and how it affected your life.
- Wrongful death damages. If a loved one died as a result of medical malpractice, family members can file a wrongful death action to seek damages for the funeral expenses, medical bills, future salary, and the family’s loss of enjoyment of the deceased person.
- Punitive damages. While not awarded frequently, punitive damages are designed to punish the negligent party, but they also benefit the victim.
Idaho’s Caps on Pain and Suffering Damages
Under Idaho law, non-economic damages—like for pain and suffering—are capped at $250,000, which increases annually based on inflation. This cap does not apply if the actions were willful or reckless or the result of actions that constitute a felony. This law also applies in wrongful death actions.
If you or a family member suffered injuries as a result of medical malpractice, you need to contact an experienced medical malpractice attorney quickly to not miss the deadline to sue. Call me at 888.716.8021 for a free consultation to learn how I can assist you.