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5 October, 19:08

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

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  1. 5 October, 19:30
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    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'.
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