Part 5: Damages | Med Mal 101

Med Mal 101: Back to Basics is 12-part series produced by Friday, Eldredge & Clark. Written by the attorneys in the Medical Malpractice Group, the content is designed to give physicians and other healthcare providers information they need to know about malpractice litigation.

If a patient suffers a medical injury because of a care provider’s negligence, he or she is entitled to certain damages. In addition to the other elements of a medical malpractice claim that were discussed in previous parts of the MedMal 101 series, a plaintiff must also prove that he or she is entitled to recovery for damages that would not have occurred “but for” malpractice. 

The available damages are set out by law.[1]  Damages may include reasonable and necessary medical expenses that were caused by the medical care at issue, both in the past, and those reasonably expected to occur in the future.[2] For example, the cost of a surgery that would not have been necessary had there been no negligence, as well as other types of care, such as rehabilitation services when required, might be recoverable.

If a person is unable to work because of medical malpractice, they may be able to recover lost earnings and the loss of future earning capacity.[3] 

Non-economic damages may also be appropriate.  Non-economic damages include things like physical pain and suffering, and mental anguish associated with the injury.[4]  If a person dies because of malpractice, damages may include compensation for his or her loss of life and for the grief of his or her family members.[5]  The amount of these types of damages cannot, of course, be quantified as easily as medical expenses, but is determined by a jury based on the evidence submitted at trial. [6]

The information was written by the attorneys in the Medical Malpractice Group at Friday, Eldredge & Clark, LLP. This is not a substitute for legal advice and should be considered for general guidance only. For more information or if you have further questions, please contact one of our Medical Malpractice Attorneys.

[1] See, Ark. Code Ann. § 16-114-208. 

[2] Ark. Code Ann. § 16-114-208. 

[3] Ark. Code Ann. § 16-114-208. 

[4] Ark. Code Ann. § 16-114-208(b).

[5] Ark. Code Ann. § 16-62-101(b); Ark. Code Ann. § 16-62-102(f).

[6] One Nat. Bank v. Pope, 372 Ark. 208, 272 S.W.3d 98 (2008).