Can you sue a New Mexico hospital for pain and suffering?
By harmonsonlaw on January 12th, 2022 in
Going to the hospital for any reason is something many people don’t look forward to. Whether you have to go to treat an immediate injury, get testing and procedures done to uncover an illness, or follow up on treatment plans, many people hope to get in and out of the hospital as quickly as possible.
The worst-case scenario, then, is when a doctor or medical professional makes a mistake. And unfortunately, these mistakes do occur and can lead to medical malpractice lawsuits.
The Harmonson Law Firm, with an office in Las Cruces, New Mexico, is ready to help you navigate your medical malpractice case and fight for the compensation you deserve. To get started, we’ve created this blog to discuss the term “pain and suffering” and how it relates to your case. Suffering from an injury caused by medical negligence is unfortunate and unfair. Not only is it physically devastating, but it’s also physically and emotionally draining too.
Pain and suffering refer to a legal term that describes both the physical and emotional injuries suffered by a victim following an accident.
In addition to more traditional monetary damages (i.e., for medical bills and lost wages), any substantial physical pain or mental anguish you suffer following an accident may qualify as pain and suffering for settlement purposes. When a judge or jury seeks to calculate pain and suffering damages, questions they examine might include:
- How much will the injured party’s daily routine be limited or altered?
- Will the injury impact relationships at home or work?
- How does the pain or injury affect sleep or other lifestyle factors?
- Will the injury impact the party in the long term?
Simply telling the judge that you’re in a lot of pain and have suffered won’t cut it in proving your case.
Instead, it’s important to provide evidence that the injury that occurred has caused significant harm to your daily life. This evidence could include:
- Documentation of significant changes to daily life
- Doctor’s notes noting pain levels, etc.
- Medical examinations
- Documentation for therapists or psychologists
Providing as much evidence as possible can help support your claim and get you the compensation you deserve.
It’s important to speak with an experienced New Mexico medical malpractice lawyer who understands the severity of your pain and suffering to achieve justice in your case. Given that there are laws around medical malpractice and pain and suffering, you can, technically, sue a hospital.
However, you can’t sue a hospital for pain and suffering alone — rather, it has to be under the larger umbrella of a medical malpractice lawsuit.
Also, it is essential to keep in mind that pain and suffering are subjective. There is no formula where you can plug in a list of numbers and get an answer.
For this reason, damages awarded for pain and suffering can vary dramatically from one person to the next, even when their injuries and circumstances are similar. At Harmonson Law Firm, our dedicated New Mexico medical malpractice attorney understands just how difficult it is to discover that a trusted medical provider has failed to carry out their duty to keep you or your loved one reasonably safe. We work hard to fight for the fair compensation our clients are owed after they are harmed by medical negligence.
Whether your injuries were caused by carelessness, errors, or intentional misconduct, our firm can help you understand your options and work toward the recovery you need. Contact us today to schedule your free, confidential consultation.