Types of Medical Malpractice Compensation
Many states limit the amount of damages that a victim of
medical malpractice can be awarded. These caps typically cover specific, quantifiable losses such as medical bills or lost wages.
Medical malpractice cases can often result in non-economic damages, like suffering and pain. The skilled attorneys at Sobo & Sobo will help you build a case for compensation in the following areas.
Potential loss of earnings
You can claim damages for lost wages if the injury is caused by medical negligence and impacts your ability to earn income. It can be difficult to prove the loss. You must show that the negligence of the doctor was a direct cause of your injuries, rather than simply related to them. This isn't easy especially when it comes to a pre-existing condition that the medical professional ignored or misdiagnosed.
You could be entitled to both economic and non-economic damages based upon the nature of the negligence. Non-economic damages are based on the impact the injuries have affected your life quality. It's sometimes difficult to put the value of this, so your attorney will need to rely on expert testimony, charts, and graphs to show the effect of negligence.
In some cases the medical error could be so severe that you are able to seek punitive damages. These damages are intended to punish the healthcare provider who has engaged in outrageous behavior. This kind of damage award isn't as widespread, but it is possible to award it in certain circumstances, such as when the healthcare provider acted in reckless or malicious ways.
Medical malpractice claims can be costly to pursue. The costs of court filings, medical records, and other documents can quickly add up. Your lawyer will have to hire experts who will review your case to determine whether medical professionals have violated their duty of care to you.
Permanent Disability
Medical malpractice cases can be complicated, and there are many kinds of damages available. Compensation covers costs such as expected future medical procedures, ongoing
medical malpractice law firms treatment or care, and lost wages if the injury causes someone to miss work. It can also include non-economic damages, like pain and suffering.
Non-economic losses are difficult to quantify in terms of dollar value, but they may include any diminished quality of life. They can also include emotional and psychological distress. The lawyer representing the claimant will use testimony from family members and friends members to assist jurors be aware of the effects of the accident on the victim's life.
A reputable NYC
medical malpractice lawyer will take a close look at the evidence to determine the value of a claim. This includes a look at the medical malpractice statutes of limitation that stipulates the time frame for which a plaintiff can make a claim following an accident.
The value of a claim for medical malpractice will be determined by the severity and extent of the damage. Higher settlement amounts are reserved for more serious injuries. A doctor may have missed a diagnosis of cancer in the patient, which could cause death. The most serious injuries are more likely to cause permanent disability. This can increase the cost of an insurance claim.
Pain and Suffering
The victims of medical malpractice may also seek compensation for physical discomfort they've endured as a consequence of a doctor’s negligence. Physical pain may result from an injury, like broken bones or a scar. It could also be caused by, the inability to sleep or exercise and loss of sexual function and other injuries that affect the quality of life of the victim.
The psychological pain and suffering of patients is also a part of the compensation offered to victims of medical malpractice. Psychiatric injuries such as depression, anxiety and thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. The loss of mental health may also affect a victim's capacity to work and maintain healthy relationships and overall quality of life.
Damages are usually divided into two categories one being economic or "special" damages that are based upon quantifiable financial losses and general "non-economic" damages such as suffering and pain. Non-economic damages are hard to quantify in dollars, which is why it is difficult to determine an appropriate amount.
There are various methods for calculating the value of a pain and suffering award including using a multiplier method that adds up all special damages and then multiplies that amount by a specified amount that ranges from 1.5 to 5. Some states place limits on these types of awards, but in the majority of instances, judges won't overturn a jury's decision.
Future earnings loss
Medical negligence victims are entitled to a variety of damages including future earnings loss. This is the amount a victim could earn if they had been capable of working at their current job or had a job available that was suitable for their condition. This is a complicated item of damage, which often requires the assistance of an expert economist to determine.
Lost earnings calculations are simple if the victim was working on an hourly basis. An attorney can multiply a person's hourly wage by the number of hours they did not work to find the total amount of lost wages. An individual who was employed on a salary will need to take into account the length of time they were not able to work as well as their salary and benefits.
While the calculation of lost income is quite easy, future losses are much more complicated. An attorney will have to consider the cost of any future treatment and any other costs that are reasonably anticipated in light of the patient's current situation.
It is crucial to have an experienced lawyer on your side when you are seeking compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can help you determine how to best pursue financial recovery. Contact us today for a free consultation. Medical errors are a serious issue that can cause a lot of damage. Our legal team will review your case in detail and fight to get the compensation you deserve.