What is the difference between economic and non-economic damages in a medical malpractice case?

In a medical malpractice case in Virginia, there is a distinction between economic and non-economic damages. Economic damages are tangible losses that are directly related to the medical error and easily quantifiable. This could include medical expenses, future medical bills, lost wages, and other related costs. Economic damages reimburse the claimant for tangible losses and can be calculated objectively. Non-economic damages are the intangible losses that are more difficult to calculate. These damages consist of physical pain, emotional suffering, and other forms of distress caused by the medical error. For example, if a patient experiences permanent disability due to a medical error then they may be entitled to compensation for physical pain, as well as emotional distress caused by the disability. Non-economic damages cannot be calculated objectively, and must be assessed by a jury or judge. While there is no specific formula for determining non-economic damages, the court will take into account factors such as the extent of the injury, the long-term effects of the injury, the prognosis for recovery, the age of the patient, and other similar factors when deciding on the amount. When a jury or judge has to determine the amount of compensation for non-economic damages, the amount should reflect the actual harm suffered by the plaintiff. It is the responsibility of the plaintiff’s attorney to present evidence of the harm suffered in order to justify the amount of compensation sought.

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