More psychological damages than physical damages?

Asked about 3 years ago - Swanton, VT

In my medical malpractice case I have extreme mental anguish/emotional distress but mild physical damage.

Does that effect the merit/strength/worth of the case?

Attorney answers (3)

  1. Christian K. Lassen II

    Pro

    Contributor Level 20

    2

    Lawyers agree

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    Answered . Your physical injury is the primary component. Search Avvo for a med mal lawyer in your city and call to find out if the potential recovery would exceed the costs of a medical malpractice lawsuit.

    Click on name or picture to see profile page.
  2. Richard T. Cassidy

    Contributor Level 4

    Answered . Generally speaking the entire pattern of the case affects its merit.
    Emotional distress is usually more subjective than physical harm and therefore seen in a more skeptical light.
    You should understand that, at least here in Vermont, medical malpractice cases are very aggressively defended.
    In Vermont, most experienced lawyers in the field will only take cases where liability is strong and the damages are serious.
    You should understand that your claim will be barred by the mere passage of time under the applicable statute of limitations, unless filed before the statute expires.

    I don't know enough to offer specific legal advice about your case. This is intended as general information, and... more
  3. Donald Curtis Kudler

    Contributor Level 15

    1

    Lawyer agrees

    1

    Answered . I am licensed in Nevada, but this answer may apply in Vermont as well.

    Mr. Lassen's answer is misleading. The value of every claim depends on specific facts. For instance, Let's say a 10 year old boy needs a surgery as a result of a doctor's malpractice and there is no fear associated with the surgery and the surgery is not very invasive and the boy has a car and, in the words of Bart Simpson "A scar....COOL!". So not too many damages - either physical or emotional.

    Take a woman who has a similar situation including a similar scar, but the scar is on her face and her looks are very important to her. The emotional damages would be greater for this woman than for the boy. As I noted in response to Mr. Lassen's "answer", the damages you incurred as a result of the doctor's malpractice are extremely fact specific.

    Hope this helps.

    /s Donald Kudler
    http://www.capandkudler.com

    This answer does not create an attorney client relationship and does not constitute legal advice, but is solely... more
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