Types of Medical Malpractice Compensation
There are many states that have limits on the amount of damages that a medical malpractice victim can be awarded. The caps usually only cover specific, tangible losses such as medical bills and lost wage.
However medical malpractice cases usually have non-economic consequences, such as pain and suffering. The experienced lawyers at Sobo & Sobo can help to build a strong case to recover compensation for these losses in the following areas.
Potential loss of earnings
If an injury caused by
medical malpractice law firm negligence affects your capacity to earn a living You can seek damages for lost earnings. It can be difficult to prove these losses. You must prove that the doctor's error caused your injuries, not simply related to them. This can be difficult particularly if it involves a pre-existing condition that the medical professional misdiagnosed or ignored.
In the event of medical malpractice, you may be entitled to non-economic damages as well as economic damages. Non-economic damages are based on the impact the injuries have had on your life quality. It's often difficult to put a dollar amount on this, so your attorney will need to rely on expert testimony, charts and graphs to prove the consequences of the negligence.
In some cases, medical negligence can be so serious that you might be eligible to claim punitive damages. These are intended to penalize the healthcare provider who has committed a blatant act of actions. This type of damage award is not so common, however it can be awarded in certain instances, such as when the healthcare provider has acted in reckless or malicious ways.
Medical malpractice claims can be costly to pursue. The cost of court filings, medical records, and other documentation can quickly become costly. Your lawyer will also have to enlist experts to review your case and determine whether medical professionals violated their duty to you.
Permanent Disability
Medical malpractice cases can be complex, with various types of damages that are available. Compensation can cover costs like future medical procedures, ongoing medical treatment as well as lost wages if an injury caused an employee to be absent from work. It may also cover non-economic damages, like pain and suffering.
Non-economic damages are harder to quantify in terms of dollar value, but they could include any reduction in quality of life. They can also cover emotional and psychological distress as in addition to pain and suffering. The lawyer for the claimant will use the testimony of friends and family to help jurors comprehend how the injury affected the victim's daily life.
A good NYC medical negligence lawyer will thoroughly review every piece of evidence to determine the worth of the claim. This includes a look at the medical malpractice statutes of limitation that limits how long a plaintiff has to file a suit after an accident.
The value of a claim based on medical malpractice will depend on the degree and severity of the damage. Settlements that are higher are reserved for more serious injuries. For instance, a medical professional might have mistakenly diagnosed an individual suffering from a condition such as cancer, which could be life-threatening. The most serious injuries are more likely to result in an indefinite disability. This will increase the cost of an insurance claim.
Suffering and Pain
Patients who have suffered from medical malpractice can also seek compensation for physical pain they've experienced because of the negligence of a medical professional. Physical pain can be a result of an injury, such as fractured bones and can also cause scarring, the inability to sleep or exercise as well as loss of sexual activity and other injuries that impact the victim's life quality.
The compensation for medical malpractice could include compensation for psychological pain and suffering. Psychiatric injuries such as depression, anxiety and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. Additionally the loss of mental health may also impact a victim's ability to maintain healthy relationships and affect their general quality of life.
Damages are usually classified into two categories: economic or "special" damages which are based on calculable financial losses, and general or "non-economic" damages such as suffering and pain. It can be difficult to establish an appropriate amount for non-economic damages since they aren't easily quantifiable in dollars.
There are many methods of in calculating the value of an award for pain and loss which includes a multiplier approach that adds the damages for special damages and multiplies that number by a specific amount ranging from 1.5 to 5. There are some states that have limits on this kind of award, but judges in most cases are not able to overturn the jury's decision.
Loss of future earnings
Medical malpractice victims are entitled to various damages, including future earnings loss. This is the amount a victim could have earned if they were able to work at their current job or if they had a job available that would have been suitable for their impairment. This is a complex item of damage, and often requires experts in economics to determine.
Loss earnings calculations are straightforward in the event that the victim earned on an hourly basis. A lawyer can multiply the hourly rate of a worker by the number hours they did not work to determine their total lost wages. If you were on salary, you'll have to consider the period that you were not able to work, in addition to your pay and benefits.
While calculating lost income is fairly simple, future losses can be much more complicated. The attorney will need to consider the cost of treatment in the future and also the costs that can be reasonably expected in light of the condition of the victim.
It is essential to be able to have an experienced lawyer on your side when pursuing compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team of lawyers can help you determine the best approach to pursue your financial recovery. Contact us today for an appointment for a no-cost consultation.
Medical errors can be a grave issue that could cause serious damage. Our legal team will review your case thoroughly and fight for the compensation you deserve.