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Medical Malpractice - Damages
Economic Damages

Economic Damages


Economic Damages

Medical Care and Expenses:
The plaintiff in a medical malpractice case is entitled to recover the reasonable value of medical care and expenses acquired for the treatment of injuries sustained as a result of the defendant's negligence. The plaintiff must prove that the expenses he or she claims were reasonably necessary and caused by the defendant's negligence.

Loss of Earnings or Earning Capacity:
An invidual is also entitled to recover any lost earnings that he or she proves to have been caused by the defendant's negligence. When dealing with lost earnings up to the present time, the plaintiff must prove that the defendant's negligence has prevented him or her from receiving the earnings for which he or she seeks compensation. the plaintiff must do so by establishing a reasonable probability that the injury caused a loss of earnings. The evidence must establish a basis for a reasonable estimate of that loss.

Loss of Earning Capacity:
The plaintiff is also entitled to damages for the loss of future earnings based on the evidence as to what he or she probably could have earned but for the harm caused by the defendant's negligence and as to what the plaintiff can now earn through the earning period of his life.


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November 07, 2009
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