What is my medical malpractice case worth? This is a question that generally tags up with whether a person should move forward with a medical malpractice claim. From birth injury and HIE cases, to surgery and other medical procedures, understanding a case worth can be important in deciding whether to move forward on a claim.
In this educational video we will discuss some of the things that go into calculating how much a case is worth. Because some jurisdictions, like Maryland, implement caps on certain aspects of recovery, specific questions should be directed at your attorney, as this information is general in nature.
Damages Is What The Question Is Really Asking….
The area of law which governs this discussion is called tort law. Under the umbrella of tort law there is another concept called negligence. Within negligence there are certain elements which must be proven. These elements are the following:
- BREACH OF DUTY
For this discussion on case worth we will focus on damages. In this context damages are the harm/injury that is done or has been caused by another. Here in Maryland damages can be broken down further into economic, and non-economic.
What Is My Medical Malpractice Case Worth?
When looking at case worth, you want to include certain things into consideration. For example, are you currently employed and if so, has this injury prevented you from working again? Or, if you can eventually go back to work, has this injury impacted your work in that you have had to take a substantial amount of time off from work. If these things are the case, then this information will be factored into your damages calculation.
When looking to figure what is my medical malpractice case worth you also want to think about will you need future medical care? For example, in birth injury cases oftentimes a baby with an HIE or cerebral palsy (CP) diagnosis will need future care such as, braces, a wheelchair possibly, wipes, physical and occupational therapies, etc.… The same regarding future care can hold true for certain injuries following a surgery, or medical procedure. Included in the medical care equation, do not forget that current medical bills will also be considered in your damages.
Finally, for this discussion, your pain and suffering is something to consider for case worth. With that said, pain and suffering is a type of non-economic injury, which we mentioned above in the damages discussion. What this means is that in a Maryland context, caps on how much can be recovered for pain and suffering will apply.
Marcus B. Boston, Esq.
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
I have a problem with a baby, one hand is injured when she got birth right hand is not used
Beatrice you should speak with an attorney in your area about this issue and any possible options moving forward. If it is in Maryland you can reach out to us either by phone or email listed on our site. Thanks
I recently gave birth to my child last month. I had meconium stained fluid when I broke at home. Instead of flying me back to the back to labor and delivery unit when I called and told them, they delayed and asked me so many unnecessary questions instead of tending to my baby immediately. They knew I was high risk as I was not afforded proper prenatal care the first two trimesters of my pregnancy. My baby’s FHR was so off by the time I got to the triage but they still did not work fast. APGAR of 8 (big liars!) Fast forward, this 3-week old newborn of mine is constantly crying constantly. Hypertonia. Has a hard time eating. Dysphagia. Wheezes. Constantly needs someone to hold her or she becomes distressed. I remember asking the postpartum pediatrician at some point if “grunting” was normal and he told me “Yes!” X-RAY, bloodwork and US Head came back normal. Pretty convinced she has CP. Still need an EEG and MRI to confirm my diagnosis.