How are damages calculated in a medical malpractice or nursing home negligence case?Return to FAQ Videos
Damages in a nursing home, neglect, or medical malpractice matter are calculated based upon the actual damages that the person received. So if somebody was left in a diaper too long for example what do you think a jury would give that person, where if somebody suffered a stage four pressure injury where there is a wound down to the bone, that is a case that is more valuable. Additionally damages are calculated based upon life expectancy. If the person can no longer physically do things. Different items like that would allow for a jury to value the injury. In New Jersey we cannot ask the jury for a dollar amount for an injury. I cannot say my client has a stage four pressure ulcer, you should give him a million bucks. I have to remain silent on this. So the functionality and the age of the victim or plaintiff is what helps determine what the damages are.