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Seeking Damages for Emotional Distress in a Medical Malpractice Claim

Seeking Damages for Emotional Distress in a Medical Malpractice Claim

Medical malpractice often results in significant emotional distress, not just physical injuries.

Patients and their families can suffer immensely when a physician fails to adhere to the standard of care. When medical malpractice occurs, the patient is subject to a variety of injuries, both physical and emotional. You may already know that a patient can recover damages from medical malpractice to cover medical expenses and lost wages, but can a patient recover for emotional distress? The answer is yes, and it is more common than you might believe. Read on to learn more about emotional distress damages in medical malpractice claims. 

Non-Economic Damages 

Non-economic damages provide compensation for losses that are difficult to quantify, such as emotional distress. In most jurisdictions, “pain and suffering” will represent a large portion of a plaintiff’s non-economic damages. “Pain and suffering” refers to both physical and mental anguish. Mental anguish may include loss of enjoyment of life, emotional distress, anxiety, and more. In Maryland, there is a cap on the non-economic damages that a plaintiff may recover. There is a different cap for claims that involve a wrongful death. The cap goes up every year, but the cap amount applicable to your case is based on when the incident occurred. For example, if the medical malpractice occurred on October 1, 2018, the limit in place would be $800,000. If the case involved a wrongful death claim with two or more beneficiaries, the cap would be $1,000,000.

Emotional Distress Damages 

Emotional distress is a broad term that applies to a variety of symptoms. Patients who suffer from psychological pain due to medical malpractice may experience sleep loss, fear, depression, anxiety, humiliation, and more. The symptoms vary from patient to patient. Aside from medical testimony, any other documentation of your emotional distress can be helpful for your case. A daily journal of your feelings can serve as evidence to your claim, as well as corroborating statements from family and close friends. 

The Importance of Non-Economic Damages 

As a victim of medical malpractice in Maryland, you deserve to be compensated for the emotional damage caused by a physician’s negligence. According to the Centers for Disease Control, mental illness increases the risk of many types of physical health problems. Mental and physical health are both important components of overall health. It’s not enough just to receive compensation for your physical injuries. You deserve compensation for any emotional distress you may experience. 

Contact The Law Offices of Cardaro & Peek, LLC Today

Do you believe that you or your loved one has suffered as a result of medical malpractice or medical neglect? You need to talk to an experienced team of local lawyers today.

The lawyers at Cardaro & Peek, LLC have the experience and resources necessary to investigate and litigate all types of medical claims throughout Maryland and Washington D.C. Cardaro & Peek, LLC has medical personnel on staff and has access to nationally recognized, board-certified physicians and other experts, to assist in the investigation, analysis, and prosecution of all types of medical malpractice claims. If you or a loved one have experienced malpractice, give us a call at 410-752-6166. Please visit our website and follow us on Facebook, Twitter, and LinkedIn for more information.

This entry was posted on Monday, November 11th, 2019 at . Both comments and pings are currently closed.