Medical Malpractice and Personal Injury Law Blog

Pain and Suffering in Pennsylvania Medical Malpractice Cases

Posted by Briggs Bedigian | May 26, 2020 | 0 Comments

Although we trust doctors to help keep us healthy and treat us when we're ill, tens of thousands of people across the country are harmed by medical professionals around the country each year. Victims of medical malpractice can suffer damages in nearly every aspect of their lives. Some damages, like lost income and medical expenses, are relatively easy to calculate. Others, such as those for physical pain and emotional trauma, are much more difficult to determine. Nevertheless, a medical malpractice case can provide compensation for these forms of damages. 

Forms of Pain and Suffering

If you have been injured by a medical professional's negligence, you already know that the damages that you can suffer extend far beyond the financial level. Physical pain may be unbearable and unfortunately can last weeks, months, or even a lifetime. 

The mental effects of medical malpractice can be just as damaging to a person's health. Depression, anxiety, and insomnia can have a detrimental effect on a person's life. 

Compensation for Pain and Suffering in Medical Malpractice Cases

Compensation for pain and suffering falls under the category of "non-economic damages," meaning that there is no easy way to put a dollar amount on these damages. Instead, a jury must consider a variety of factors in order to determine the amount of financial compensation that is fair for a person's physical pain and emotional trauma after a medical malpractice case, including: 

  • The health of the victim prior to the injury; 
  • The age of the victim; 
  • The type of injuries that the victim suffered at the hands of the negligent medical professional;
  • How the victim's injury is affecting the person's life at the present moment; and 
  • How the victim's injuries will affect the person's life in the long term. 

In addition, an injured plaintiff in a medical malpractice case must prove their damages. Retaining the services of a medical professional to testify about your injuries is a common way to prove that your injuries are valid. 

Statutes of Limitations in a Medical Malpractice Case

If you believe that you may be the victim of medical malpractice, it's critical to speak with a qualified personal injury attorney as soon as possible. Laws called "statutes of limitations" place a time limit on how long a victim has to bring legal action against an at-fault person that caused harm to the victim. In Pennsylvania, the statute of limitations for a medical malpractice case is two years. After this period of time has passed, a person will lose his right to bring legal action against the medical professional who caused the person's injuries. 

Think You Are the Victim of Medical Malpractice? We Can Help

If you are the victim of a medical professional's negligence, the team of medical malpractice attorneys at Gilman & Bedigian are standing by to help you obtain the justice you deserve. When you entrust your case to Gilman & Bedigian, you can rest assured knowing that your case is in the hands of an attorney who has your best interests in mind. To discuss your situation with a member of our legal team, fill out an online case evaluation form or call (800) 529-6162 today.

About the Author

Briggs Bedigian

H. Briggs Bedigian (“Briggs”) is a founding partner of Gilman & Bedigian, LLC.  Prior to forming Gilman & Bedigian, LLC, Briggs was a partner at Wais, Vogelstein and Bedigian, LLC, where he was the head of the firm's litigation practice.  Briggs' legal practice is focused on representing clients involved in medical malpractice and catastrophic personal injury cases. 

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