Skip to main content

More psychological damages than physical damages?

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?

+ Read More

Attorney answers 3

Posted

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.

Donald Curtis Kudler

Donald Curtis Kudler

Posted

I don't think that can be answered without more information.

Paul D Friedman

Paul D Friedman

Posted

Have you ever wondered why most of Mr. Lassen's answers are one sentence with the majority being contact an attorney on AVVO? Unfortunately, this is a disservice to questioners on this site.

Posted

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 the opinion of a Nevada Attorney.

Posted

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 not as legal advice. By providing information in response to your question, I am not accepting a lawyer-client relationship with you, and therefore this communication is not necessarily covered by the attorney-client privilege.