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 or lost wages.
Medical malpractice cases can often be accompanied by non-economic losses, like pain and suffering. The skilled attorneys at Sobo & Sobo will help you establish a case for compensation in the following areas.
Potential loss of earnings
If the injury resulting from medical negligence hinders your ability to earn a living you can claim damages for the loss of earnings. It can be difficult to prove the loss. You must prove the medical professional's negligence caused your injuries directly, and not only indirectly. This can be challenging especially if the doctor misdiagnosed or ignored the presence of a
medical malpractice lawsuit condition prior to it.
You may be entitled to both non-economic damages based on the nature of the mistake. Non-economic damages are based on the effect the injuries have had on your life quality. It's not always easy to put an amount of money on this, so your attorney will need to rely on expert testimony, charts, and graphs to show the effect of negligence.
In certain instances, the medical negligence may be so severe that you may be able to be able to claim punitive damages. These are intended to penalize the healthcare provider for his or her outrageous behaviour. This kind of damage award is not as widespread, but it can be awarded in certain circumstances, for instance instances where the healthcare professional acted with malice or recklessness.
Medical malpractice claims can be costly to pursue. There are court filing fees, medical records and other documentation costs that add up quickly. Your lawyer will also need to engage experts to analyze your case and determine if medical professionals acted in breach of their obligations to you.
Permanent Disability
Medical malpractice cases can be complicated and can result in a variety of damages. Compensation can cover expenses like future
medical procedures, ongoing medical treatment, or lost wages, in the event of an injury that caused someone to be unable to work. It can also cover non-economic damages like suffering and pain.
The non-economic costs can be difficult to quantify, but can be a result of any decline in quality of life. They may also include suffering and pain, emotional and psychological stress. The claimant's lawyer will use the testimony of family and friends to help jurors understand how the injury caused on the victim's daily life.
A good NYC
medical malpractice lawyer will scrutinize the evidence to determine the worth of an action. This includes a thorough review of the medical malpractice statutes of limitations, which restricts the time a plaintiff can make a claim following an accident.
The value of a medical negligence claim will be determined by the severity of the accident, with higher settlement amounts typically reserved for more severe injuries. A doctor may have misdiagnosed cancer in a patient, which can be fatal. The most serious injuries are more likely to result in a permanent disability. This increases the cost of an insurance claim.
Suffering and Pain
Patients who suffer from medical malpractice can seek compensation for the physical pain they've endured as a result the negligence of a physician. Physical pain can result on an injury to the body, such as broken bones. It can include loss of of motion; scarring; the inability to exercise or sleep and sexual dysfunction and other injuries that reduce the quality of life for the victim.
The compensation for medical malpractice could include compensation for psychological pain and suffering. Mental health issues such as anxiety, depression, suicidal ideas, and post-traumatic stress disorder (PTSD) can be incredibly painful and cause physical pain as well. The loss of mental health could also affect a victim's capacity to work and maintain healthy relationships and overall quality of life.
Damages are generally separated into two categories that are: economic or "special" damages that are based upon quantifiable financial losses, and general or "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 in calculating the value of an award for pain and suffering including a multiplier technique which adds up all damages that are special and multiplies the result by a specific amount ranging from 1.5 to 5. Some states have limits on this kind of award, however judges in the majority of cases will not overturn the verdict of the jury.
Loss of Future Earnings
Medical malpractice victims can claim various damages including future loss of earnings. This covers the amount that a victim would have earned if they could work at their previous job or if they were able to get an opportunity that was suited to their needs. This is a complex type of damage, which often requires the assistance of an expert economist to determine.
Calculating lost earnings is straightforward if the victim earned an hourly rate. A lawyer can multiply the hourly rate of an individual by the number hours they were absent to calculate their total lost earnings. Someone who was working on a salaried job will have to take into account the length of time that they were unable to work as well as their pay and benefits.
The process of calculating lost income is fairly simple, but future losses could be more complex. 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 important to have a lawyer who has experience on your side when pursuing compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team will help you determine the best way to pursue your financial recovery. Call us today to arrange a free consultation. Medical errors can be a major issue that can result in significant damage. Our legal team will review your case in detail and fight to get the compensation you deserve.