Last Updated on December 31, 2024

What Are the Different Types of Damages in a Delayed Prostate Cancer Diagnosis Lawsuit?

Prostate cancer is a slow-progressing disease, but it can easily metastasize to other distant parts of the body when left unchecked. Having no apparent symptoms during its early stages further complicates its early detection.[1] Its late detection effectively delays any necessary treatment, putting patients at a disadvantage. 

Damages in medical malpractice claims are the monetary compensation awarded to patients for harm caused by negligent medical care. They typically include medical expenses, lost wages, pain and suffering, and any long-term disability costs resulting from the malpractice.

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Annual Medical Expenses for Prostate Cancer

Annual cancer expenses increase every year, going from $190.2 billion in 2015 to $208.9 billion in 2020 (all sites considered).[2] It is safe to assume that medical malpractice settlements follow this trend also. Outlining the annual per-patient spending for prostate cancer treatments, we can consider three distinct phases:

Medical ServicesOral Prescription
Initial Care
1st year of diagnosis
$28,108.5$312.3
Continuing Care
every subsequent year
$2,602.6
annually
$312.3
annually
End-of-Life Care
last year before demise
$74,227.3$5,829.9

This is the legal team’s first consideration when seeking compensation. This chunk of the compensation allows mistreated patients to receive all the treatments they would need.

Economic Damages in Prostate Cancer Claims

Other economic damages are also accounted for in medical malpractice cases. Apart from medical expenses, the following can also be factored in:

  1. Lost wages and income - This includes both past wages lost due to the injury and reduced future earning capacity if the malpractice resulted in long-term disability or impairment that affects the person's ability to work.
  2. Lost benefits - This covers employment benefits like health insurance, retirement contributions, and other perks that were lost due to inability to work.
  3. Home modifications - If the injury requires changes to living spaces like wheelchair ramps, bathroom modifications, or other accessibility improvements.
  4. Transportation costs - Including specialized vehicles or modifications to existing vehicles to accommodate disabilities, as well as costs of transportation to medical appointments.
  5. Household services - If the injury prevents someone from performing household tasks, the cost of hiring help for cleaning, maintenance, yard work, childcare, etc.
  6. Medical equipment and supplies - Ongoing costs for wheelchairs, prosthetics, medications, or other necessary medical supplies.
  7. Rehabilitation costs - Including physical therapy, occupational therapy, speech therapy, and other forms of rehabilitation.
  8. Long-term care expenses - If the malpractice resulted in a condition requiring ongoing nursing care or assisted living.

This chunk of compensation aims to maintain a mistreated patient’s financial position, ensuring financial stability during their recovery.

Non-Economic Damages Considered

At the same time, non-economic damages are accounted to acknowledge and compensate for intangible human suffering and life quality deterioration. These damages include:

  1. Pain and suffering - Physical discomfort, ongoing pain, and mental anguish caused by the medical negligence and its aftermath. This includes both acute and chronic pain experiences.
  2. Emotional distress - Psychological trauma, anxiety, depression, and other mental health impacts resulting from the malpractice incident and recovery process.
  3. Loss of enjoyment of life - Inability to participate in previously enjoyed activities, hobbies, or lifestyle changes that diminish quality of life.
  4. Loss of consortium - Impact on relationships with spouse/partner, including changes in intimacy, companionship, and emotional support.
  5. Disfigurement and scarring - Physical changes that affect appearance and self-image, potentially leading to psychological distress.
  6. Loss of reputation - Damage to professional or personal standing in cases where malpractice results in visible impacts or limitations.

This chunk of compensation aims to provide monetary recognition for psychological, emotional, and quality-of-life impacts that can't be precisely measured.

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Average Compensation for Medical Malpractice Claims

According to the National Practitioner Data Bank, in 2023, medical malpractice cases in New York were settled at about $491,316 on average. However, based on our experience, cases involving cancer misdiagnosis are compensated with much more. For actual compensation figures, please refer to our previous wins.

Medical malpractice lawyers work with licensed medical professionals in evaluating malpractice compensations. Reach out to seasoned medical malpractice lawyers as soon as possible to get your case evaluated and established.

Speak to a Medical Malpractice Lawyer Today

At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis, meaning you do not need to pay us anything unless we win your case. This approach allows us to better support those in need.

If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or  info@porterlawteam.com to schedule a consultation.

Written By
Eric C. Nordby
Personal Injury Attorney
Eric, with nearly three decades of experience in personal injury litigation, holds a law degree with honors from the University at Buffalo School of Law and a Bachelor's Degree from Cornell University. His extensive career encompasses diverse state and federal cases, resulting in substantial client recoveries, and he actively engages in legal associations while frequently lecturing on legal topics.
Legally Reviewed on December 31, 2024
Michael S. Porter
Personal Injury Attorney
Originally from Upstate New York, Mike built a distinguished legal career after graduating from Harvard University and earning his juris doctor degree from Syracuse University College of Law. He served as a Captain in the United States Army Judge Advocate General’s Corps, gaining expertise in trial work, and is now a respected trial attorney known for securing multiple million-dollar results for his clients while actively participating in legal organizations across Upstate NY.
This Article Was Professionally Reviewed
This page was Legally Reviewed by Michael S. Porter on December 31, 2024. Our experts verify everything you read to make sure it's up to date. For information on our content creation and review process read our editorial guidelines. If you notice an error or have any questions about our content please contact us.
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