Types of Medical Malpractice Compensation
A lot of states limit the amount of damages that a victim of
medical malpractice attorneys malpractice can be awarded. These caps usually cover only measurable, specific losses such as the cost of medical bills and lost wages.
However medical malpractice cases usually involve non-economic losses such as suffering and pain. The skilled attorneys at Sobo & Sobo can help to build a strong case for compensation for these damages in the following areas.
Potential loss of earnings
You can seek damages for lost earnings if the injury was caused by medical malpractice and affects your ability earn income. However, proving these losses is not easy. It is essential to prove that the medical professional's negligence caused your injuries directly, and not only indirectly. This can be difficult, especially when it involves an existing condition that the medical professional misdiagnosed or ignored.
In the event of medical malpractice, you may be entitled to non-economic damages and economic damages. Non-economic damages are determined by the impact of the injuries on your quality of life or life. It's sometimes difficult to put an amount of money on this, so your attorney will need to rely on expert testimony, charts and graphics to show the effect of the negligence.
In some instances the medical error could be so severe that you may be able to demand punitive damages. These are intended to penalize the healthcare provider for his or her outrageous behavior. This kind of damage award is not as frequent, but it is possible to award it in certain situations, including instances where the healthcare professional acted with recklessness or malice.
Medical malpractice lawsuits are costly to pursue. The costs of court filings, medical records, and other documents can quickly add up. Your lawyer will need to employ experts to analyze your case to determine whether medical professionals have breached their duty of care to you.
Permanent Disability
Medical malpractice cases can be very complex and involve many different types of damages. Compensation can cover expenses like future medical procedures, ongoing care and treatment, or lost wages, if an injury caused someone to be unable to work. It also covers non-economic losses like discomfort and pain.
Non-economic damages are more difficult to quantify in terms of dollar value, but they may include any diminished quality of life. They could also include pain and suffering, emotional and psychological stress. The attorney representing the claimant will rely on testimony from friends and family members to aid jurors understand the impact of the injury on the victim's life.
A good NYC medical negligence lawyer will carefully review all evidence to determine the worth of the claim. This includes reviewing the medical malpractice statute of limitations which sets a limit to how long after an accident an individual plaintiff can file a
lawsuit.
The value of a medical malpractice claim will depend on the severity of the injury, with higher settlement amounts tending to be reserved for more severe injuries. For instance, a medical professional may have misdiagnosed the patient with a disease like cancer, which could be life-threatening. The most serious injuries are more likely to result in a permanent disability. This increases the cost of an insurance claim.
Suffering and Pain
Medical malpractice victims may also seek compensation for the physical pain they've suffered as a consequence of a doctor's negligence. Physical pain could be based on an injury to the body, like fractured bones, and may include loss of range of motion; scarring; the inability to exercise or sleep; loss of sexual function; and other injuries that affect the quality of life of the victim.
Pain and suffering from psychological causes could also be a component of the compensation given to victims of medical negligence. Psychological injuries like depression, anxiety thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. Additionally, the loss of mental health may affect a person's ability to work or maintain healthy relationships and affect their overall quality of life.
Damages can be divided into two categories, economic or "special" damage, which is based on the calculation of losses as well as non-economic or general damages, like discomfort and pain. It can be difficult to establish the appropriate amount for non-economic damages since they aren't easily quantifiable in dollars.
There are many ways to calculate the value of an award for suffering and pain, including using a multiplier. This method adds all damages that are special together, and then multiplies that number by a specific amount that is between 1.5 and 5. Certain states have caps on these kinds of awards, however in most cases, judges will not overturn the jury's decision.
Loss of Future Earnings
Medical malpractice victims are entitled to a variety of damages including future earnings loss. This is the amount a victim could earn if they had been employed at their old job or had a job available that would have been suitable for their condition. This is a complicated type of damage that usually requires the help of an expert economist to calculate.
Calculating lost earnings is simple in the event that the victim earned an hourly wage. An attorney can multiply an individual's hourly rate by the number of hours they missed from work to find the total loss of wages. If you earned an income, you'll have to take into consideration the time that you could not work along with your salary and benefits.
While the process of calculating lost earnings is fairly easy, future losses are much more complicated. The attorney will have to take into consideration the cost of any future treatment and expenses which are reasonably expected in light of the condition of the victim.
It is important to have a lawyer with experience on your side when pursuing compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can assist you in determining how to most effectively pursue financial compensation. Contact us today to set up a free consultation. Medical errors are a serious problem that could cause severe harm. Our legal team will analyze your case carefully and fight for the compensation you deserve.