What types of damages can be recovered in a medical device injury case?
When a person in Tennessee suffers injury due to a medical device, they may be able to recover various types of damages. Generally, damages in a medical device injury case take two forms: economic and non-economic. Economic damages refer to the measurable losses the plaintiff has suffered due to the medical device. These damages may include medical expenses, property damages, lost wages, and lost earning capacity. Non-economic damages, on the other hand, are those that are not easily quantifiable. These damages may include physical and emotional pain and suffering, loss of consortium, and loss of enjoyment of life. Because these damages cannot be measured in a precise manner, they may be more difficult to prove. The plaintiff may also be able to receive punitive damages in a medical device injury case. Punitive damages are meant to punish a defendant who has engaged in malicious or reckless behavior. To obtain punitive damages, the plaintiff must prove that the defendant acted in a way that was significantly more negligent than what is expected of a reasonable person under the circumstances. Finally, the plaintiff may be able to obtain attorney’s fees in a medical device injury case. Tennessee statutes allow the plaintiff to recover these fees if they obtain a judgment in their favor. In conclusion, a plaintiff in a medical device injury case may be able to recover various types of damages, including economic, non-economic, punitive, and attorney’s fees. To be successful in recovering damages, the plaintiff must prove that their injury was caused by the medical device.
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