What elements of damage may be recovered in a medical malpractice case?
Many of the same elements of damage that apply in other negligence cases apply in a medical malpractice case. In the case of someone’s death, the next of kin can recover for the money, goods, services, love, comfort and companionship the decedent provided. Damages for pain and suffering, disability, loss of wages and the cost of additional medical care required are recoverable for injuries suffered. Whether such elements of damage apply in a specific medical malpractice case depends upon an assessment of the particular circumstances at issue.