Understanding Economic and Non-Economic Damages in a Denver Medical Malpractice Lawsuit
When medical professionals fail to provide proper care, the consequences can be devastating. Victims of medical malpractice face physical harm, financial instability, and emotional trauma.
Both economic damages like medical costs and non-economic damages like pain and suffering play a significant role in shaping a personal injury settlement or verdict. The Denver medical malpractice lawyers at Leventhal Puga Braley P.C. explain how these categories of damages are defined and calculated under Colorado law.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor, nurse, hospital, or other healthcare professional provides care that falls below the accepted standard in the medical community, and that failure causes harm to the patient.
Some of the most common types of medical malpractice include:
- Misdiagnosis or Delayed Diagnosis – when a doctor fails to identify a condition or takes too long to diagnose it, leading to worsened outcomes.
- Surgical Errors – mistakes during surgery, such as operating on the wrong body part, leaving surgical instruments inside the patient, or causing unintended injury.
- Medication Errors – prescribing the wrong drug, wrong dosage, or failing to recognize dangerous drug interactions.
- Anesthesia Errors – giving too much or too little anesthesia, failing to monitor vital signs, or not considering a patient’s medical history.
- Birth Injuries – harm caused to a newborn or mother during pregnancy, labor, or delivery due to negligent medical care.
- Failure to Treat – when a doctor correctly diagnoses a condition but provides inadequate treatment or discharges the patient too early.
- Hospital Negligence – unsafe policies, poor sanitation, understaffing, or failure to monitor patients properly.
- Emergency Room Errors – rushed or negligent treatment in high-pressure ER settings.
- Diagnostic Test Errors – mistakes in ordering, conducting, or interpreting lab tests, imaging, or biopsies.
What Are Economic Damages?
Economic damages represent the measurable financial costs that result directly from a healthcare provider’s negligence. These damages can be verified through evidence such as bills, pay stubs, and expert testimony.
Medical Bills
- Hospital stays
- Surgeries
- Medications
- Follow-up treatments
Future Care Costs
Victims who suffer severe injuries may require lifelong care, which could reach millions of dollars over a lifetime. This could include:
- Rehabilitation
- In-home care
- Adaptive equipment
- Long-term residential facilities.
Lost Wages and Earning Capacity
Malpractice victims may miss months or years of work while recovering. In catastrophic cases, the ability to return to the workforce may be permanently impacted. A lost wages malpractice claim includes the income you have already lost in addition to future losses.
Other Out-of-Pocket Expenses
Additional expenses may include:
- Transportation costs to and from appointments
- Home modifications for disability access
- Childcare expenses
Calculating Economic Damages
Your attorney may seek the guidance of doctors, economists, and life care planners to establish the long-term cost of your injuries. These experts use financial records, employment data, actuarial studies, and medical cost projections to make their calculations.
What Are Non-Economic Damages?
Non-economic damages cover the intangible personal losses that diminish the victim’s quality of life:
- Pain and Suffering: The physical discomfort and ongoing pain resulting from medical negligence.
- Emotional Distress: Anxiety, depression, PTSD, or loss of confidence that stems from malpractice.
- Loss of Enjoyment of Life: The inability to engage in activities, hobbies, or family life that once brought joy.
Settlement Negotiations and Trial Awards
Many malpractice cases are resolved through settlement rather than trial. During settlement discussions, attorneys present evidence of both economic and non-economic damages to insurance companies, arguing for fair compensation. The other side may try to save money by downplaying the actual extent of your injuries, the impact the injuries will have on your life, or the long-term cost of care.
If they refuse to make a serious settlement offer, the experienced litigators at Leventhal Puga Braley P.C. are always prepared to take your case to trial. After hearing expert testimony and reviewing the evidence, a jury will be asked to rule on your case and decide if you will be awarded damages.
Proving Damages in Court
Building a successful medical malpractice case requires meticulous preparation and a legal team that knows how to win. Your attorney must be prepared to counter tactics frequently used to question the validity of your case and the damages you deserve.
Legal challenges that must be addressed by your attorney may include:
- Medical Records Disputes: Hospitals often claim the injury was unavoidable or pre-existing.
- Expert Testimony Requirements: Colorado law mandates expert witnesses to establish breach of standard of care and causation.
- Defense Arguments: Providers frequently argue that claimed damages are exaggerated or unrelated to the malpractice.
Why Experienced Representation Matters
At Leventhal Puga Braley P.C., our attorneys are nationally recognized leaders in medical malpractice litigation. We have secured some of the largest verdicts in Colorado history, and we bring decades of trial experience to every case we handle.
We understand how to:
- Calculate both present and future economic damages with the help of medical and financial experts.
- Present compelling evidence of pain and suffering and other non-economic harms.
- Maximize malpractice settlement value through skilled negotiation or trial advocacy.
Key Takeaways
- Economic damages include measurable costs like medical bills, lost income, and future care needs.
- Non-economic damages compensate for pain, emotional suffering, and loss of enjoyment of life.
- Calculating and proving damages requires expert evidence, strategic thinking, and strong legal advocacy.
- Choosing an experienced malpractice firm is the best way to ensure economic and non-economic damages are fully pursued.
Speak With Trusted Medical Malpractice Lawyer in Denver
If you or a loved one has been harmed by medical negligence, you deserve a legal team that understands how to maximize your recovery. Call us today at (303) 759-9945 in Colorado or (877) 433-3906 nationwide to schedule a consultation at no charge.
Let Leventhal Puga Braley P.C. evaluate your case, explain your options, and seek the damages you are entitled receive.