What are the elements of damages in a medical malpractice claim?

The elements of damages in a medical malpractice claim in Washington are similar to those found in most other states. These elements are typically pain and suffering, medical expenses, and lost wages. Pain and suffering, also referred to as general damages, are meant to compensate a plaintiff for physical and emotional distress. This includes both past and future pain, suffering, and distress associated with the malpractice. Medical expenses are meant to cover the costs associated with medical treatment and the consequences of the malpractice. It may include past and future costs, such as the costs of medications, surgical procedures, and in-home care. Lost wages are meant to make up for past and future loss of earnings due to the malpractice. This includes lost wages from being unable to work due to the malpractice and any wages lost due to the inability to work at the same level before the malpractice occurred. In addition to the elements of damages, in some cases, a plaintiff may be entitled to punitive damages. Punitive damages are meant to punish a medical professional for their negligent behavior and to deter others from engaging in the same conduct. Punitive damages are awarded in cases of particularly egregious acts of malpractice. In Washington, it is important to note that there is a statute of limitations for medical malpractice claims. This means that a plaintiff must file a claim within three years of the date the malpractice occurred or they may be barred from recovery. A qualified medical malpractice lawyer can help a plaintiff understand the statute of limitations and the elements of damages in their particular case.

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