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“Pain and Suffering" in a Medical Malpractice Case

The Law Office of Dan N. Fiorito III Oct. 19, 2023

Medical Malpractice word and StethoscopeWhen the negligence of a medical facility or professional causes an injury, incapacitation, medical complications, or a patient's death, the affected party or their family members may be entitled to pursue damages by filing a medical malpractice claim. 

Through a medical malpractice claim, the claimant can recover both economic and non-economic damages for medical bills, lost wages, loss of enjoyment of life, and pain and suffering. Essentially, the purpose of the pain and suffering damages is to cover the physical pain and mental trauma experienced by the victim due to medical negligence.  

At The Law Office of Dan N. Fiorito III, I understand how challenging these times can be – which is why I focus on seeking the best possible result for my clients. As a seasoned Washington State personal injury attorney, I can review your case details, help file your medical malpractice claims, and attempt to recover the maximum available compensation for your injuries, damages, pain and suffering, or losses. My firm proudly serves clients across Seattle, Bellevue, Puget Sound Area, Everett, and Tacoma, Washington. 

Pain & Suffering Damages in Washington

Pain & suffering is the physical pain, discomfort, and emotional distress that a person suffers due to a personal injury, accident, or medical malpractice. In Washington State, pain and suffering damages are among a broad group of compensatory damages commonly referred to as "non-economic damages." 

What Is Pain and Suffering in a Medical Malpractice Case?

In a medical malpractice case, "pain and suffering" refers to the physical discomfort, inconvenience, mental anguish, and emotional trauma that a patient suffers due to the negligence, carelessness, or omission of a medical professional or facility. As a result, the healthcare provider, medical professional, or the other liable party will be responsible for the plaintiff's pain and suffering. 

The Impact of Pain and Suffering on Personal Injury Lawsuits

In personal injury lawsuits, "pain and suffering" damages are often awarded to compensate the plaintiff for the physical pain and emotional trauma they had to go through. However, there is no specific and actual standard or measurement to calculate pain and suffering damages. However, the court will examine the evidence and documentation provided by the claimant to determine a fair amount of pain and suffering damages based on the surrounding circumstances of the case. 

Common Types of Medical Malpractice Cases Involving Pain and Suffering

Some common types of medical malpractice cases that may involve pain and suffering include: 

  • Misdiagnosis 

  • Surgical errors 

  • Medication errors 

  • Childbirth injuries 

  • Burns due to lasers 

  • Excessive scarring as a result of poor suturing. 

If you or someone you know has been the victim of medical malpractice or negligence, you should get in touch with an experienced personal injury attorney immediately. Your legal counsel can help file your claims, decide if you qualify for pain and suffering damages, and help calculate the estimated amount. 

How to Calculate the Amount of Damages for Pain and Suffering in a Medical Malpractice Case

As previously mentioned, there is no specific formula for calculating the amount of damages for pain and suffering. It is important to note that the available evidence and how your lawyer presents your medical malpractice case will determine the amount you may be able to recover. This is why speaking with the right attorney can be extremely beneficial. 

The judge will consider the following factors to determine a fair amount of compensation for your pain and suffering: 

  • The severity or magnitude of the injury. 

  • The impact of the injury on your quality of life. 

  • The duration of the suffering. 

  • How the judge or jury understands the medical malpractice issue. 

  • Whether you suffered a permanent disability, incapacity, or disfigurement. 

  • Any other factor considered relevant to the case. 

A dedicated Washington State medical malpractice attorney can help file your claims, fight for your rights, and help you seek fair financial compensation to cover both economic and non-economic damages. 

Consult a Dependable Personal Injury Attorney

Over the years, I have successfully recovered millions of dollars in verdicts and settlements for victims of medical negligence or malpractice and their loved ones. As your attorney, I can review your case and explore your options to seek damages. Also, I will advocate for your best interests and help you recover fair financial compensation to cover your medical bills, lost wages, pain and suffering, and other possible damages. 

Contact me at The Law Office of Dan N. Fiorito III today to schedule a simple case assessment with a dedicated personal injury lawyer. I can guide you through the complex procedures involved in filing medical malpractice claims and seeking pain and suffering damages. My firm proudly serves clients across Seattle, Bellevue, Puget Sound Area, Everett, and Tacoma, Washington.