What types of damages can be recovered in a medical device injury case?

In a medical device injury case, people may be able to recover a variety of damages. Depending on the specific circumstances, possible damages sought can include current and future medical expenses, lost wages, diminished earning capacity, pain and suffering, emotional distress, loss of enjoyment of life, loss of consortium, and punitive damages. Current and future medical expenses could include all costs associated with the medical device injury, such as surgery, hospital stays, prescriptions, medical equipment, and any other care needed. Lost wages and diminished earning capacity can be recovered for time off work due to illness and for any restrictions on a person’s ability to work due to the medical device injury. Pain and suffering as a result of the injury can also be recovered. This includes compensation for physical and emotional distress, loss of enjoyment of life, and loss of consortium. Punitive damages can be pursued to punish a manufacturer for egregious behavior. In South Dakota, all civil cases are governed by Title 15 of the South Dakota Codified Laws, which states that the amount of compensatory damages that can be awarded in a medical device injury case is to be determined by a jury based on the evidence presented and the criteria established by the court.

Related FAQs

What types of damages can be recovered in a medical device injury case?

Related FAQs

Related Blog Posts