In a case involving medical malpractice, a victim of medical negligence may be entitled to compensation for noneconomic and economic damages. Some examples of why a person would be awarded noneconomic damages includes:
- Pain and suffering- This refers to how much physical and mental pain a person experiences after learning a doctor didn’t provide them with the standard level of care. Pain and suffering is unique to everyone who is experiencing it. The best way to get the maximum compensation for your pain and suffering is to hire a medical malpractice attorney in the state of Wisconsin.
- Humiliation- A person might experience humiliation after undergoing a procedure only to learn a mistake has been made and they can’t fix it.
- Worry- If you have developed a condition because a health care physician made a mistake, you might constantly be worrying and experiencing feelings of anxiety.
- Mental distress
- Noneconomic effects of disability including loss of enjoyment from your everyday normal activities, benefits and pleasures of life and the loss of mental or physical heath.
- Loss of consortium, society and companionship, or the loss of love and affection- This is a very important damage your loved one might be eligible to receive as they too may become affected by your medical error. There have been many cases where a person has lost their life because they weren’t diagnosed properly which has ultimately left their family struggling to get by.
The current limit for noneconomic damages for each occurrence is $750,000. The Wisconsin State Legislature has found that the limitation of $750,000 represents an appropriate balance between providing reasonable compensation for noneconomic damages associated with medical malpractice and ensuring health care is affordable and accessible.
“This finding is based on actuarial studies provided to the legislature, the experiences of other states with and without limitations on noneconomic damages associated with medical malpractice, the testimony of experts, and other documentary evidence presented to the legislature.”
Why should I file a medical malpractice claim?
Although we rely heavily on our health care practitioner’s word as they should know whether they are providing adequate treatment or not, there are many who get caught up in the procedures and how they operate as a physician and forget to consider the patient, their needs, and their limits. While one patient may be able to take a certain type of medication to treat a condition, another may not because they are allergic or suffer from another condition that won’t react well with the medication.
Every patient is different and must be handled in a way so that the usual protocol isn’t always followed but the type of treatment that will help get them better is provided. This is the duty of a physician and what patients should expect. When they are harmed by a doctor who simply didn’t take the time they should have to recognize what was wrong with their patient, they should be held accountable. This is exactly why you want to hire a Wisconsin medical malpractice lawyer who can help get your claim or lawsuit filed.
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