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Med Mal Damages: Quantifying the Seemingly Unquantifiable

By Robert E. Spitzer

In order to assess the validity of economic losses within the field of medical malpractice, a number of variables must be taken into consideration. And depending on the alleged loss advanced, there exist subjective elements that make it difficult to gauge and evaluate those allegedly caused by the medical malpractice.

While each case is unique, the most complex damages stem from lost economic advantage or potential. Generally, assessing economic damages is contingent on the relationship between the claimant and a business entity or potential business entity. With an employee who has a set salary, there is generally no dispute as to the quantum of lost earnings, making the loss easier to assess. On the other hand, a consultant or shareholder has a drastically different relationship with his or her respective business or prospective business, making it far more difficult to quantify the economic damages a plaintiff may or may not have suffered.

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