If you have a case and you have been harmed because of medical malpractice, you could be entitled to economic and non-economic damages, and possibly even punitive damages, under Utah law. Specifically, these damages would break down as follows:
Past and Future Medical Bills and Other Economic Losses
This set of damages would include past medical bills you have incurred, are currently incurring, as well as those forecast for the future because of your injury.
If your injuries are serious enough, a life care plan may be appropriate, where adaptive devices, treatments, therapies, modalities and other devices and procedures may be recommended to help you to cope and/or recover from your medical malpractice injury.
If your ability to work has been compromised, it may be appropriate to have your case evaluated by a vocational expert who will place a value on the loss to your career path because of the injury and prepare a forecast of recommended adaptive programs, schooling, or other training to help make up for that loss. At the end of the day, a value would be placed those vocational losses.
Lost Consortium Damages
When the injury affects the spousal relationship the patient has, there could be a claim for “loss of consortium,” where the injured spouse could claim that their relationship with their significant other has been permanently damaged and changed because of their medical injury. One example is when a spouse suffers a debilitating brain injury, where the relationship with their spouse has fundamentally changed for the worse.
General or “Pain and Suffering” Damages
Under Utah law, if you have suffered an injury and incurred medical bills and are entitled to reimbursement of those bills, you are also entitled to general or “pain and suffering” damages. These are non-economic damages that account for what you have been through – and what you will go through — the mental anguish you have experienced and will yet experience, any potential loss of mobility and embarrassment that your injury has brought and so on.