Question

A patient's mammogram is reviewed and the radiologist reports a normal exam. Six months later, the patient finds a lump in her breast. The patient has a lumpectomy and makes a full recovery. It was determined that the mass was present and visible in the original mammogram. The patient sued claiming mental anguish. What type of damages might she be awarded

Answer 1

Answer:

General compensatory

Explanation:

Damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages.

Compensatory damages are grouped into special damages: which are economic losses such as loss of earnings, property damage and medical expenses, and general damages: which are non-economic damages such as pain and suffering and emotional distress. Our ordeal here falls under the General Damage

General damages compensate the claimant for the non-monetary aspects of the specific harm suffered. This is usually termed 'pain, suffering and loss of amenity'.