What does the court consider when determining damages in a medical device injury case?

When determining damages in a medical device injury case, courts in Washington consider a variety of factors. The most obvious factor is the physical harm caused by the injury, including any medical expenses incurred due to the injury and any lost wages or income from missed work. Additionally, the court will take into account the physical and emotional pain and suffering associated with the injury. The court will also consider whether any faulty design or marketing of the medical device contributed to the injury. If these factors can be proven by the plaintiff, then the court may award additional damages. Furthermore, the court may consider punitive damages if the defendant’s conduct was particularly egregious or careless. This type of award is designed to punish the defendant, as well as to discourage similar conduct in the future. The court may also take into account any pre-existing medical conditions the plaintiff may have had. If the court finds that these conditions could have contributed to the injury, then they may reduce the amount of damages awarded to the plaintiff. Finally, the court must look at the effect the injury had on the life of the plaintiff, including any physical and emotional pain, suffering, or loss of quality of life. The court may use this information to arrive at an appropriate amount of compensation.

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What does the court consider when determining damages in a medical device injury case?

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