Page 28 - Anatomy of a Medical Malpractice Lawsuit

SVMIC Anatomy of a Medical Malpractice Lawsuit

to be proven is that, as a result of that breach, the plaintiff

suffered injuries that would not have otherwise occurred. In
other words, the plaintiff suffered actual damages that were

proximately caused by the alleged negligence of the defendant.

This is typically the easiest element to prove because
injuries/damages covers such a wide range:

 Physical (death, lost limb, paralysis, medication reaction,

impotence, burns, scarring, etc.)

 Emotional (pain and suffering, depression, fear, loss of

sexual relations/consortium, etc.)

 Financial (lost wages/inability to work, medical expenses,

future care costs, etc.)

Any single or combination of those types can establish the
necessary damages element. Some of these can be

established through the plaintiff’s own testimony and some
require expert proof. The loss of future income and future

medical costs fit into the latter. A cottage industry has

developed among economists to develop Life Care Plans that
provide expert proof projecting loss of future economic

damages such as future income and future medical expenses.

Some states (Tennessee, for example ) have enacted tort
reform, placing a statutory cap on non-economic damages, but

not on economic damages.
10

Another type of damages that can potentially be awarded in
certain limited malpractice actions is punitive damages

10 Virginia has a statutory total cap on both non-economic and economic damages.

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