How much can you sue for on a particular injury?

Answer 1

That is impossible to say. Is future treatment needed? Is there temporary or permanent disaibility? Is there a loss of job/income? Is there a loss of conjugal relations with a spouse. (Try putting a dollar value on that one.) What is the cost of living in that area? Most important, who is responsible for the accident? Is the state a contributory negligence or comparative negligence state? There are too many variables to answer the question.

Answer 2

It depends on the state you live in. The majority of the states have what are called "damage caps" on medical malpractice lawsuits which restrict the monetary amount of non-economic damages-such as pain and suffering, etc-that one can sue for. There have pushes towards a federal damage cap for medical malpractice suits, but such a cap has yet to be passed. The article below goes into more detail concerning the history of damage caps.

Answer 3

Mr. Kluss is correct.
From a legal standpoint, the main reason that it is difficult is the need to prove that BUT FOR the action or inaction of the doctor, the plaintiff would not have been harmed. In the language of the law, the doctor's action or inaction has to have been the "proximate cause" of the injury. The harm need not be death--it could be some sort of other negative medical outcome.

As in other negligence cases, it must be shown that the party being sued did not use that degree of care that a person in a similar situation would have used. In the case of a malpractice action, that is done by establishing a level of care of physicians in the same specialty, with essentially the same experience, and in the same general community (but this does not necessarily mean the same town--it is broader than that). In turn, proof requires the establishment of the requisite level of care through the testimony of other physicians who meet those qualifications. Normally, a jury determines whether or not the defendant's actions or inaction met or failed to meet the standard of care.

Answer 4

It is extremely difficult and expensive to sue a doctor for malpractice. If you think you may have an action you should take advantage of a free consultation with a few attorneys in your area who specialize in that area of law.

Answer 5

Costs vary depending on your personal case. Consult your lawyer for an estimate, but plan on at least $5,000.