What if my doctor says I need future surgery because of my injuries in a car wreck?

When you're injured due to someone else's negligence, securing compensation for your current medical expenses is only part of the equation. If your injuries necessitate future medical treatment, such as surgery, it's crucial to prove these anticipated costs to ensure you're fully compensated. In Maryland, proving damages for future surgery involves a careful and strategic approach. Here are few things you will need to consider when seeking future damages.

1. Thorough Medical Documentation

The foundation of any claim for future medical expenses is thorough and comprehensive medical documentation. Your healthcare providers must clearly outline your current condition, the necessity of future surgery, and the anticipated outcomes. This documentation often includes:

Doctor’s Reports and Recommendations: Your treating physician or surgeon should provide a detailed report outlining the necessity for future surgery. This report should specify the type of surgery, why it’s required, and the timeframe in which it’s expected to occur.

Medical Records: Consistent documentation in your medical records showing ongoing symptoms, treatment, and the progression of your condition strengthens the argument that future surgery is a necessary course of action.

Expert Testimony: Sometimes, it may be beneficial to seek a second opinion or hire a medical expert to testify on your behalf. These experts can corroborate your treating physician’s recommendations, adding further weight to your claim.

2. Evidence of Cost Projections

Once the necessity of the surgery is established, the next step is to prove the expected costs associated with it. This involves:

Itemized Cost Estimates: Your healthcare provider or medical billing expert should provide itemized estimates for the potential future surgery. This can include surgeon’s fees, hospital costs, anesthesia, post-surgery care, physical therapy, and any other related expenses.

Inflation Consideration: Medical costs can rise over time, so it’s important to include projections that account for inflation. An economist or financial expert may be needed to provide testimony on how costs could increase by the time the surgery is performed.

Comparable Case Studies: Reviewing similar cases where future surgery was awarded can also provide a basis for cost estimation. This includes looking at past Maryland personal injury cases and the compensation awarded for similar surgeries.

3. Demonstrating the Impact on Your Life

Proving the necessity and cost of future surgery is only part of the equation. It’s also essential to demonstrate how the need for surgery will impact your life. This involves:

Quality of Life Considerations: Explain how your current condition and the prospect of future surgery affect your daily life, including your ability to work, perform household tasks, and engage in hobbies or activities you once enjoyed.

Work and Income Loss Projections: If future surgery will require a significant recovery period or may impact your ability to work long-term, it’s important to project potential income losses. This can be supported by employment records, tax returns, and testimony from vocational experts.

Pain and Suffering: The emotional toll of anticipating a major surgery can also be included in your damages. Your attorney may work with psychological experts to quantify the emotional distress associated with your condition and the upcoming surgery.

4. Presenting a Persuasive Legal Argument

Finally, your attorney will need to present this evidence in a compelling manner. This involves:

Clear and Concise Presentation: Your attorney should present the evidence in a way that is easy for a jury to understand, breaking down complex medical information into clear, digestible points.

Using Visual Aids: Visual aids like charts, diagrams, and projections can help illustrate the necessity, costs, and impact of the future surgery, making it more relatable for the jury.

Legal Precedent: Citing previous Maryland cases where damages for future surgery were successfully awarded can strengthen your case. Your attorney will highlight relevant precedents that align with your situation.

Conclusion

Proving damages for future surgery in Maryland requires a meticulous and thorough approach. By gathering comprehensive medical documentation, providing detailed cost estimates, and demonstrating the impact on your life, you can build a strong case for the compensation you deserve. With the help of an experienced personal injury attorney, you can navigate this complex process and secure the financial support needed for your future care.