Elements of Proof - Damages

• The recoverable damages in a medical malpractice claim is the same as in other personal injury/wrongful death actions caused by the negligence of another.
  • Medical Expenses (past and future)
  • Lost Income/Wages
  • Impairment to Ability to Labor and Earn Money
  • Pain and Suffering - Physical, Emotional, Past and Future
  • Loss of Consortium - Spouse, Parent, Child
• CASES:
  • Farmers Bank and Trust Co. of Bardstown v. Rice, Ky., 674 S.W.2d 510 (1984).
    Discusses recoverable damages in personal injury and wrongful death actions.
  • Schork v. Huber, Ky.,  648 S.W.2d 861 (1983).
    Held that parents could not recover damages based on costs of raising healthy but unexpected child from doctor following an unsuccessful sterilization procedure.
  • Rice v. Rizk, Ky.App.,  453 S.W.2d 732 (1970).
    Death of viable fetus caused by negligence of another gives cause of action for which damages may be awarded.
  • Guiliani v. Guiler, Ky., 951 S.W.2d 318 (1997).
    Held that minor children could maintain claim for loss of parental consortium.
  • 411.145 DAMAGES FOR LOSS OF CONSORTIUM
    (1) As used in this section "consortium" means the right to the services, assistance, aid, society, companionship and conjugal relationship between husband and wife, or wife and husband.
    (2) Either a wife or husband may recover damages against a third person for loss of consortium, resulting from a negligent or wrongful act of such third person. 
  • 411.135 DAMAGES IN ACTION FOR WRONGFUL DEATH OF MINOR
    In a wrongful death action in which the decedent was a minor child, the surviving parent, or parents, may recover for loss of affection and companionship that would have been derived from such child during its minority, in addition to all other elements of the damage usually recoverable in a wrongful death action.

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