Define Non-Economic Medical Malpractice
A patient makes a claim for noneconomic damages, also called pain and suffering, when a medical provider has committed medical malpractice.
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Definition of Medical Malpractice
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Medical malpractice is when a medical provider is negligent in the administration of medical care, causing injury or death to an individual.
Pain and Suffering
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Pain and suffering means noneconomic damages for emotional or physical pain one feels caused by medical malpractice. There are several factors that quantify an evaluation or an award for pain and suffering. Examples include, but are not limited to, the length of time of the injury, the nature of treatment to correct the malpractice and how daily activities are impacted.
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Economic Damages
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Noneconomic damages do not include claims for out-of-pocket medical bills incurred to correct the medical malpractice. They also do not include claims for lost income for any missed time from employment. These are claims for economic damages.
Medical Malpractice Litigation
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If a medical provider contests whether medical malpractice has been committed, the claim will proceed to trial, and the court will determine whether there was a deviation of the standard of care in administering treatment to the patient. Usually, both sides will present experts in the field of practice to provide testimony for the court to consider.
Limit of Recovery for Noneconomic Damages
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Some states have placed a cap on the amount of noneconomic damages one can recover from a medical malpractice claim. In a response to rising medical practice insurance costs, some states have elected to place a maximum amount of recovery for pain and suffering on medical malpractice cases.
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