Medical malpractice cases can have profound effects on a person’s physical, emotional, and mental well-being. Among the damages that may be claimed in such cases is “loss of enjoyment of life.” But what does this term mean, and how does it factor into your medical malpractice claim?
What Is Loss of Enjoyment of Life?
Loss of enjoyment of life refers to the diminished ability of an injured person to engage in activities that previously brought them happiness or fulfillment. This damage is non-economic, meaning it doesn’t involve direct financial losses like medical bills or lost wages. Instead, it compensates you for the intangible ways an injury has impacted the quality of your life.
Here are a few examples of when a person could try and receive compensation for loss of enjoyment of life:
- A patient who loved hiking but is now unable to walk due to a surgical error may claim loss of enjoyment of life.
- A parent who can no longer play with their children because of chronic pain caused by medical negligence might also seek this type of compensation.
How Is Loss of Enjoyment of Life Calculated?
Unlike economic damages, which are relatively straightforward to quantify, loss of enjoyment of life requires a more subjective analysis. Factors that help place a price tag on these damages include:
- Nature and severity of your injury – How significantly has your injury limited your ability to perform daily activities or enjoy hobbies?
- Age and lifestyle – Younger claimants or those with active lifestyles may argue that their loss is more substantial due to the longer or more vibrant life they had ahead of them.
- Expert testimony – Medical professionals, psychologists, and life care planners may provide insights into how the injury has affected the claimant’s life.
- Personal testimony – The injured party’s own account of how their life has changed is crucial in illustrating the depth of their loss.
How Does Loss of Enjoyment of Life Apply to Medical Malpractice Cases?
In a medical malpractice case, loss of enjoyment of life often ties directly to the injury caused by the healthcare provider’s negligence. Common examples include:
- A misdiagnosis leading to permanent disability,
- A botched surgery causing chronic pain or reduced mobility, and
- Errors in childbirth resulting in lifelong complications for the parent or child.
Proving Loss of Enjoyment of Life
To successfully claim loss of enjoyment of life, you must provide compelling evidence that:
- Your diminished quality of life directly resulted from the malpractice in your case, and
- The loss has significantly impacted your ability to engage in meaningful activities.
This evidence may include:
- Medical records documenting your injury and its effects,
- Testimony from family, friends, or coworkers describing changes in your behavior or abilities, and
- Videos, photos, or journals showing how the claimant’s life has changed since the incident.
Contact Otorowski & Golden, PLLC
Please know that our firm is here to help if you were injured due to a medical provider’s malpractice. Otorowski & Golden, PLLC provides free consultations to all our potential clients. The attorneys at our law firm also have over 120 years of combined experience representing injured parties in medical malpractice cases. They never back down to insurers and fight for their clients’ interests every step of the way. Do yourself a favor and contact them now for the quality legal representation you deserve.