With pain and suffering, there are two different types that need to be assessed: physical and mental.
The legal system is complex, and the medical malpractice world has a multitude of different factors that come into play. When trying a case of malpractice, one of these factors is the determination of “pain and suffering.” With pain and suffering, there are two different types that need to be assessed. Today, we’ll discuss how you can help yourself in the unfortunate chance malpractice occurs. We’ll also touch on the current bill being proposed that would alter the payout of pain and suffering.
Physical Pain And Suffering
This refers to the actual toll your body took due to the malpractice. So, essentially, the negative effects that you experienced because of the mistakes made go into pain and suffering. However, it also considers the future effects you may experience.
Mental Pain And Suffering
The form of mental pain and suffering refers to exactly what it states: the degree in which you suffered mentally. This can take many different forms, such as distress, depression, anxiety and so on. It is a negative result or emotion that you suffer due to the malpractice.
How To Be Proactive
With pain and suffering, the ability to determine and calculate it can be difficult in the courtroom, depending on the amount of information available. In most cases, the jury uses a collective common sense to reach a valuation. This is why it’s important to always document what is happening to you after the malpractice occurs. This could be things such as writing down the amount of pain you’re in, what exactly it is you’re experiencing, any activities you cannot perform, or the mental toll it has taken on you. By keeping record of these things, it helps the jury in determining what you experienced, and how you should be compensated for that.
The Cap On Pain And Suffering
Recently, the House passed a bill that would set a significant federal limitation on the amount a victim can receive for pain and suffering in a medical malpractice lawsuit. While the claim is that it would help lower healthcare costs, the reality is that it would hinder victims of medical malpractice. The bill heads to the Senate next, and if passed, it would take money from people that have been personally injured due to malpractice.
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