What Can Be Compensated as Non-Economic Damages Under Connecticut Medical Malpractice Law When the Victim Survives the Malpractice?

In addition to Economic Damages, you are also entitled to receive money damages as compensation for ALL Non-Economic Damages, Losses, and Harms that you have suffered—and will suffer in the future—as a result of medical malpractice. Here is a partial list of some typical items that are considered Non-Economic Damages arising from a medical malpractice claim for which you would be entitled to compensation:

PAST PHYSICAL PAIN AND SUFFERING.
FUTURE PHYSICAL PAIN AND SUFFERING.
PAST PHYSICAL HARM AND DISABILITY.
FUTURE PHYSICAL HARM AND DISABILITY.
PAST LOSS OF FUNCTION OF ANY BODY PART (complete or partial).
FUTURE LOSS OF FUNCTION OF ANY BODY PART (complete or partial).
PHYSICAL DISFIGUREMENT
PAST MENTAL SUFFERING.
FUTURE MENTAL SUFFERING.
PAST EMOTIONAL SUFFERING.
FUTURE EMOTIONAL SUFFERING.
PAST INTERFERENCE WITH DAILY LIFE ACTIVITIES.
FUTURE INTERFERENCE WITH DAILY LIFE ACTIVITIES.
PAST LOSS OF ABILITY TO ENJOY LIFE’S PLEASURES.
FUTURE LOSS OF ABILITY TO ENJOY LIFE’S PLEASURES.
INCREASED RISK OF FUTURE INJURY
FEAR FROM AN INCREASED RISK OF FUTURE MEDICAL TREATMENT
INCREASED RISK OF FUTURE DISABILITY
FEAR FROM INCREASED RISK OF FUTURE DISABILITY
AGGRAVATION OF A PRE-EXISTING CONDITION or INJURY.

A physician, hospital or other medical provider that deviates from the standard of care expected of such a medical provider is responsible for all damages that result from the deviation. This includes any injuries or effects that might be more extreme than what would normally be anticipated because of some condition or preexisting condition made the victim more vulnerable to severe injury. For example, if you had a “unhealthy” back for some reason (a disc disease or condition for example) and your back is made worse by the medical malpractice, you are entitled to compensation for all the harm that flows from that malpractice even if your injuries are worse than they would have been for someone with a “healthy” back. In other words, a medical provider who commits medical malpractice takes his or her victim “as is” and cannot defend the claim by yelling “Hey, I didn’t know you had an unhealthy back when I committed the malpractice so why should I have to pay for injuries that are worse for you than they would have been in someone with a healthy back?”

If you or a loved one has suffered a serious injury or loss caused by medical malpractice, medical negligence, or medical mistake, please contact our Medical Malpractice Law Group to arrange a free and confidential consultation.

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