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In a medical malpractice lawsuit (just as in any personal injury lawsuit), there are two types of damages: economic and noneconomic. Economic damages are monies awarded as compensation for monetary losses and expenses, which the plaintiff has incurred, or is reasonably likely to incur in the future, as a result of the defendant's negligence. Noneconomic damages are monies awarded as compensation for non-monetary losses and injuries, which the plaintiff has suffered, or is reasonably likely to suffer in the future, as a result of the defendant's negligence.
There appears to be no statute or court case that contains a complete list of all possible economic or noneconomic damages. And while there are official and unofficial sample or recommended jury instructions for medical malpractice as well as other Medical Malpractice, there is no definitive or uniform set of jury instructions that judges must give to a jury.
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A judge can rely on sample jury instructions and on proposed instructions each side presents, but ultimately it is the judge’s decision based on his understanding of the law of damages as established by statutory and case law. If a judge gives an incorrect instruction, any party may appeal, and the verdict could be overturned.
Because the statutes do not contain an exhaustive list of economic or noneconomic damages, courts must look to the common law to determine what is recoverable as an economic or nonecomic damages.
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