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Bronx Personal Injury & Real Estate Blog

Friday, May 29, 2020

Can You Sue a Doctor for Pain and Suffering?

To bring a successful medical malpractice claim, you must first be able to establish that a medical relationship existed. It must then be proven that the treating medical professional breached his or her duty of care owed to the patient and was, therefore negligent. This negligence, in turn, must have been the direct cause of real harm suffered by the patient. Many different medical professionals and entities may be found liable in a medical malpractice claim. Hospitals, pharmacies, nurses, and doctors are all examples of potentially liable parties in these types of cases. If successful in establishing a valid medical malpractice claim, the liable party will be on the hook for paying the plaintiff’s damages.

Can You Sue a Doctor for Pain and Suffering?

If a doctor provided you, the patient, with negligent medical care and that negligent medical care caused you to suffer physically, mentally, or emotionally, you are absolutely within your legal rights to sue the doctor and seek damages for pain and suffering. In a medical malpractice claim, you, as the plaintiff, may be awarded compensation for two different types of damages: economic and non-economic. Economic damages include those easily quantifiable damages such as lost wages and medical bills. Loss of future earning capacity may also be included. As long as the plaintiff can prove that these types of costs were incurred due to the harm caused by the negligence of the defendant medical professional, then it is possible it will be included in the damage award.

Non-economic damages are those losses the plaintiff sustained that are difficult to quantify. There is no easy way to assign this type of harm a specific monetary value. Pain and suffering are included in the non-economic damages category of recoverable damages in a successful medical malpractice claim. Pain and suffering damages are an attempt at compensating a plaintiff for the pain experienced due to harm negligently or intentionally caused by another. Emotional distress, such as anxiety, depression, and loss of sleep, is also included in a non-economic damage award.

While difficult to calculate, a judge must somehow arrive at a dollar value for a plaintiff’s pain and suffering. To do so, a judge may consider a variety of different factors. The impact the injury had on the day to day life of the plaintiff may be taken into account. The effect the injury had on the plaintiff’s relationships may also be considered. Additionally, factors such as how the injury will impact the plaintiff for the long term and how the injury has impacted the plaintiff’s lifestyle are also likely to be factored into the calculation. There is no cap on the ability to recover for pain and suffering damages in New York.

New York Medical Malpractice Attorney

A doctor, or any other treating medical professional, may be held liable for the harm a patient suffered due to the negligent care that was provided. This means that doctors may be held responsible for compensating an injured party for both the financial, physical, and emotional harm he or she has suffered due to medical malpractice. At the Law Office of Ryan Goldstein, we hold doctors and other medical providers accountable for their failure to provide the standard of care their patients deserve. Contact us today.


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