Types of Medical Malpractice Compensation
Many states limit the amount of damages a victim of medical malpractice can be awarded. These caps usually cover only specific, quantifiable losses, such as medical expenses and lost wage.
However medical malpractice cases usually involve non-economic losses such as pain and suffering. The skilled attorneys at Sobo & Sobo will help you to build a case for compensation in the following areas.
Potential loss of earnings
If the injury caused by medical negligence hinders your ability to earn a living, you can recover compensation for the loss of earnings. However, proving that these losses can be a challenge. You must prove the medical professional's negligence caused your injuries directly, and not just indirectly. This isn't easy, especially if the doctor did not recognize or treat an existing medical condition.
You could be eligible for both economic and non-economic damages depending on the nature of the error. Non-economic damages are determined by the effect of the injuries on your health or life. It's not always easy to put a dollar amount on this, so your attorney will need to rely on expert testimony, charts and graphics to prove the consequences of the negligence.
In some cases, medical negligence can be so egregious you may be legally able to claim punitive damages. These damages are intended to punish the healthcare provider who acted in an outrageous manner. behavior. This kind of damage award isn't as common, but it is possible to award it in certain circumstances, for instance when the healthcare provider has acted with recklessness or malice.
Medical malpractice
lawsuits are costly to pursue. There are court filing fees, medical records, and other costs for documentation that add up quickly. Your lawyer will have to hire experts who will review your case to determine if medical professionals have violated their duty of care towards you.
Permanent Disability
Medical malpractice cases can be very complex and involve various types of damages. Compensation can cover costs such as expected future medical procedures, any ongoing medical treatment or care, and lost earnings if the injury leads someone to miss work. It could also include non-economic damages like suffering and pain.
Non-economic losses are difficult to quantify in a dollar amount, but they could include any loss in quality of life. They can also cover emotional and psychological distress as also pain and suffering. The lawyer for the claimant will use the testimony of family and friends to assist jurors in understanding the impact that the injury has affected the victim's daily life.
A reputable NYC
medical malpractice attorneys malpractice lawyer will carefully review the evidence to determine the worth of the claim. This includes reviewing the medical malpractice statute of limitations which sets a limit to the amount of time after an accident an individual plaintiff can file a lawsuit.
The value of a claim for medical malpractice will depend on the degree and severity of the injury. The larger settlement amounts are reserved for more serious injuries. For instance, a doctor may have erroneously diagnosed patients suffering from a condition such as cancer, which can be life-threatening. The most serious injuries are more likely to result in permanent disability. This increases the cost of an insurance claim.
Suffering and Pain
Victims of medical malpractice can also seek compensation for the physical discomfort they've endured as a result of a doctor’s negligence. Physical pain may be based on an injury to the body, for instance fractured bones, and may include loss of of motion, scarring, the inability to exercise or sleep and sexual dysfunction as well as other injuries that reduce the victim's quality of life.
The compensation for medical malpractice could include compensation for suffering and psychological pain. Psychological injuries like depression, anxiety, thoughts of suicide, and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. The decline in mental health can also impact a person's ability to work and 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 pain and discomfort. Non-economic damages are hard to quantify in dollars, and so it can be difficult to determine the proper amount.
There are various methods for making a determination of the value of a pain and suffering award including a multiplier technique that adds all damages that are special and multiplies the result by a specified amount that ranges from 1.5 to 5. There are some states that have caps on this type of award, however judges in the majority of cases are not able to overturn the verdict of a jury.
Loss of future earnings
Medical malpractice victims can recover various damages including future loss of earnings. This is the amount a victim could have earned if able to work at their current job or if a job available that would have been suitable for their condition. This is a nitty-gritty type of damage and usually requires expert economists to calculate.
Lost earnings calculations are simple if the victim was working at an hourly rate. A lawyer can multiply the hourly rate of an individual by the number hours they missed to calculate their total lost wage. A person who worked in a salaried position will need to take into account the length of time that they were not able to work, as well as their pay and benefits.
Calculating lost income is relatively simple, however future losses can be more complex. An attorney will need to take into account the cost of any treatment that is to be planned in the future, as well as any costs that are reasonably anticipated in light of the patient's current health.
When pursuing compensation for medical malpractice, it is important to have a seasoned lawyer by your side. Our team at Weltchek Mallahan & Weltchek can help you determine how to most effectively pursue your financial recovery. Contact us today for a free consultation. Medical errors can be a serious issue that can cause serious harm. Our legal team is ready to take a closer look at your case and fight for the full compensation you are entitled to.