Damages in Minnesota Medical Malpractice Cases: What Are Victims Entitled To?

Injured in a Minnesota Medical Malpractice Lawsuit?  Here are the Damages That You May be Entitled Too


You may have heard on the TV, radio, or in an online advertisement that victims of Minnesota medical malpractice cases may be entitled to compensation for their injuries.  But you may not know what that means, or how that works.  This is something important to know how to protect yourself and your family.  Below is a list of the most common damages, what they are, and how they may apply to your Minnesota medical malpractice case.  If you have a medical malpractice in Minneapolis, St. Paul, or anywhere else in Minnesota, please do not hesitate to call the Kuhlman Law Offices, P.C. by dialing (612) 444-3374 and I can tell you what damages you may be entitled to in your case.


How to be Entitled to Damages in a Medical Malpractice Case


Before you need to know what your damages could be, you need to know how to be entitled to damages.  Medical malpractice is a type of negligence case.  In order to prove a negligence case, you need to establish that the defendant had a duty, breached that duty, and that breach proximately caused your damages.


In a medical malpractice case, all healthcare providers have a duty to provide you the care and treatment that a reasonably prudent healthcare provider would in similar circumstances.  This is called the standard of care.  If a healthcare provider fails to provide you care and treatment within the standard of care, that is a breach of his or her duty.  If that breach proximately causes, meaning if that breach is what resulted in damages, than you can recover damages.


Most Common Damage: Pain and Suffering


The first thing most people think of when they think of a personal injury lawsuit is the pain and suffering.  Indeed, the unique part of personal injury is that the pain inflicted on someone cannot be readily compensated like returning money owed, or undoing a contract, or giving back a defective good.  This is why pain and suffering is known as a “non-economic” type of damages, or an intangible damage.


Pain and suffering needs to be quantified, and it is quantified based on the testimony of the agony you go through (the subjective feelings) and the medical evidence (objective information).  Juries and judges decide what injuries are worth to particularly people based on the type of injury, severity of the injury, effects of the injury, and what other people commonly get for similar injuries.  This is known as the pain and suffering damages award.


There are two main types of pain and suffering.  The first is past pain and suffering, which is the damages from the date of the accident until the time of trial or settlement issuing an award.  The second type is future pain and suffering, which is the damages from the date of the award for the rest of the victim’s expected life (as determined by an actuary table).


Lost Wages and Lost Earnings


Another common type of damages is the lost wages or lost earnings that a victim can have.  After all, very serious Minnesota medical malpractice may result in significant time lost from work.  All of the time lost from work can be compensated as lost wages.


Lost earnings are when the victim is unable to return to the prior job due to his or her injury, and must take a new job which pays less than the pre-accident job.  The difference in this salary, multiplied by the number of years the employee would be expected to work, is the lost earning damages.  This can be very complicated to calculate and there typically needs to be an economist to determine this amount, adjusted upwards for inflation.


Past and Future Medical Bills


The next most common types of damages are medical bills.  After all, this is a personal injury lawsuit where there will be medical expenses to be paid.  These expenses are broken down from what is already outstanding from care already rendered, to expenses that are reasonably expected to take case.  This could be future surgeries or medications, physical therapy, and even home healthcare aides or assistants.


Injured in a Minnesota Medical Malpractice Incident?  Find out What Your Damages Could be by Calling for a Free Case Evaluation!


If you or a loved one have been injured due to the medical malpractice of a healthcare provider such as a doctor, nurse, hospital, or other health care service professional, call Kuhlman Law, LLC for a FREE consultation by dialing (612) 444-3374 to learn what your rights to compensation may be.  If we accept your case, we will conduct a thorough review of your case and advise you whether there may have been a serious medical mistake causing your injury.   There is no risk, and you do not owe us money unless we win your case.

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