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December 2015 Archives

Claimed surgical errors may justify lost earnings recovery

Where medical malpractice from surgical errors causes the patient to become disabled and unable to work for an extended time, a malpractice claim filed in Delaware or elsewhere may include a demand for compensation for lost earnings and lost earning capacity. First, there must be sufficient proof of medical negligence. Secondly, there must be sufficient evidence that the surgical errors were a substantial cause of the disability and the lost earnings.

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