Types of Medical Malpractice Compensation
A number of states have limits on the amount of damages that a
medical malpractice lawsuit malpractice victim can recover. These caps usually cover only specific, quantifiable losses, like medical bills and lost wages.
However, medical malpractice cases often have non-economic consequences, such as pain and suffering. The experienced lawyers at Sobo & Sobo can help to build a strong case for compensation for these injuries in the following areas.
Potential loss of earnings
If an injury that is the result of medical malpractice hinders your ability to earn income, you can recover compensation for lost wages. It can be a challenge to prove these losses. You must prove that the negligence of the doctor caused your injuries directly, and not just indirectly. This can be challenging, especially if the doctor failed to diagnose or omit an existing medical condition.
Depending on the kind of
medical malpractice, you may be entitled to non-economic damages and economic damages. Non-economic damages are based on the effect the injuries have had on your life quality. Your lawyer will utilize expert testimony graphs, charts, and other graphics to illustrate the effects of negligence.
In certain instances the medical error could be so severe that you could demand punitive damages. They are designed to penalize the healthcare provider for his or her outrageous conduct. This kind of damages award isn't typical, but it can be awarded when the healthcare provider was acting with negligence or with malice.
Medical malpractice lawsuits are costly to pursue. The costs of court filings, medical records, and other documentation can quickly increase. 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, with a variety of damages that are available. Compensation may cover costs such as future medical procedures, ongoing medical treatment as well as lost wages in the event that an injury caused someone to miss work. It can also cover non-economic damages like pain and discomfort.
The non-economic damage is harder to quantify in a dollar amount however, they can include any decrease in the quality of life. They can also include emotional and psychological distress as well as pain and suffering. The lawyer of the claimant will utilize the testimony of friends and family to help jurors comprehend what impact the injury affected the victim's daily life.
A reputable NYC medical negligence lawyer will take the time to review all the evidence in order to determine the claim's value. This includes a thorough review of the medical malpractice statutes of limitation that restricts the time a plaintiff must make a claim following an accident.
The value of a claim based on medical malpractice will depend on the extent and severity of the injury. A higher settlement amount is reserved for more serious injuries. For instance, a doctor might have mistakenly diagnosed patients suffering from a condition like cancer, which can be life-threatening. The most serious injuries are more likely to cause an indefinite disability. This can increase the cost of an insurance claim.
Suffering and Pain
Medical malpractice victims can 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 broken bones, and can include loss of of motion, scarring, the inability to exercise or sleep and sexual dysfunction as well as other injuries that affect the victim's quality of life.
Medical malpractice compensation can include compensation for psychological pain and suffering. Mental health issues such as anxiety, suicidal thoughts, depression and post-traumatic stress disorder (PTSD) can be incredibly debilitating and can cause physical pain as well. The loss of mental health can also impact a person's ability to work, maintain healthy relationships, and their overall quality.
Damages can be divided into two categories: economic or "special" damage, which is based on calculable losses, and non-economic or general damages, such as discomfort and pain. It isn't always easy to determine the appropriate amount for non-economic damages as they aren't easily quantified in dollars.
There are a variety of methods for in calculating the value of an award for pain and suffering such as using a multiplier method that adds all damages that are special and multiplies that amount by a specified amount that ranges from 1.5 to 5. There are some states that have limits on this kind of award, but judges in most cases will not uphold the verdict of a jury.
Loss of Future Earnings
medical malpractice lawyers malpractice victims can claim a variety of damages including future earnings loss. This is the amount that a victim could have earned if in a position to work at their previous job, or if they had a job available that suited their disability. This is a very complex type of damage that often requires experts in economics to determine.
Calculating lost earnings is easy if the victim earned an hourly wage. A lawyer can multiply the hourly rate of a person by the number of hours they missed to calculate their lost wage. If you were paid a salary, you will have to consider the period that you were not able to work along with your salary and benefits.
The process of calculating lost income is fairly simple, but the future loss can be more complicated. The attorney will need to take into account the cost of any future treatment as well as the expenses that can be reasonably anticipated depending on the condition of a patient.
It is crucial to have a lawyer with experience to assist you in pursuing compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can assist you in determining the best way to best pursue financial recovery. Contact us today to set up an appointment for a no-cost consultation. Medical errors can be a major issue that can result in significant damage. Our legal team is prepared to take a close look at your case and fight for the maximum compensation you are entitled to.