What does the court consider when determining damages in a medical device injury case?
When determining damages in a medical device injury case in California, the court considers several factors. First, the court will consider the extent of the injury and the medical costs associated with it. This includes the costs of hospitalization, surgery, diagnostic tests, specialists, prescription medicines, and any other necessary treatments. The court may also consider the pain and suffering caused by the injury, the emotional distress it has caused, and the physical impairment or disability that resulted from the injury. The court may also consider the duration of the injury and the amount of time the injured person must take off from work due to the injury. Finally, the court may consider the cost of any changes to the injured person’s lifestyle caused by the injury. For example, if the injury requires the injured person to buy specialized equipment or hire an additional caregiver, the court will consider these expenses in the total damages awarded in the case. All of these factors are taken into consideration when determining the damages an injured victim may receive in a medical device injury case in California.
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