Types of Medical Malpractice Compensation
Many states limit the amount of damages a victim of medical malpractice can be awarded. These caps typically cover specific, quantifiable losses such as the cost of medical bills and lost wages.
Medical malpractice cases often involve non-economic damages, such as suffering and pain. The experienced lawyers at Sobo & Sobo can help you make a convincing case for compensation for these injuries in the following areas.
Potencial Loss of Earnings
If the injury caused by medical malpractice hinders your ability to earn a living you can claim compensation for lost wages. But proving these losses can be challenging. You must prove that the medical professional's negligence caused your injuries directly, and not only indirectly. This can be challenging, especially if the doctor did not recognize or treat the presence of a medical condition prior to it.
Based on the nature of medical malpractice, you could be entitled to economic damages, as well as economic damages. Non-economic damages are determined by the effect of the injuries on your health or your life. It's often difficult to put a dollar amount on this, and your attorney will need to rely on expert testimony, charts, and graphs to demonstrate the impact of the negligence.
In some cases, medical negligence can be so egregious you may be capable of claiming punitive damages. These damages are intended to penalize the healthcare provider who has committed a shambolic conduct. This type of damage award isn't as widespread, but it is possible to award it in certain instances, such as when the healthcare provider acted in reckless or malicious ways.
Medical malpractice claims can be costly to pursue. There are court filing fees, medical records and other documentation costs which can quickly add up. Your lawyer may also have to enlist experts to review your case and determine whether
medical malpractice lawyers professionals have violated their obligation to you.
Permanent Disability
medical malpractice lawsuit malpractice cases can be a bit complicated and involve many different types of damages. Compensation can cover costs like future medical procedures, ongoing medical treatment or lost wages if an injury caused the person to be off work. It also covers non-economic losses like discomfort and pain.
The non-economic costs can be difficult to quantify, but could include any reduction in the quality of life. They can also be a result of emotional and psychological distress. The lawyer representing the claimant will use testimony from friends and family members to assist jurors comprehend the impact of the accident on the victim's life.
A good NYC medical malpractice lawyer will scrutinize the evidence to determine the value of a claim. This includes a thorough review of the medical malpractice statute of limitations, which sets a limit to the amount of time after an accident a plaintiff can bring a lawsuit.
The value of a claim based on medical malpractice will depend on the extent and severity of the ailment. The larger settlement amounts are reserved for more serious injuries. For instance, a physician may have erroneously diagnosed an individual suffering from a condition like cancer, which can be life-threatening. The most severe injuries are also more likely to result in a permanent disability, which 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 experienced as a result of the negligence of a doctor. Physical pain can be based on an injury to the body, like broken bones, and can include loss of range of motion, scarring; the inability to exercise or sleep; loss of sexual function; and other injuries that diminish the victim's quality of life.
The compensation for medical malpractice could include compensation for psychological pain and suffering. Mental health issues such as anxiety, depression, thoughts of suicide, and post-traumatic disorder (PTSD) are frequently debilitating and cause physical pain. In addition the loss of mental health can also impact a victim's ability to work or maintain healthy relationships and affect their overall quality of life.
Damages can be classified into two categories, economic or "special" damage that is based upon the possibility of calculable losses and general damages, like pain and discomfort. It can be difficult to determine the proper amount of non-economic losses because they aren't easily quantifiable in dollars.
There are a variety of methods for formulating the value of the pain and suffering award which includes a multiplier approach that adds up all special damages and then multiplies that number by a certain amount, ranging from 1.5 to 5. There are a few states that have caps on this type of award, but judges in a majority of cases will not uphold the verdict of a jury.
Loss of future earnings
Medical malpractice victims are entitled to a variety of damages including loss of future earnings. This is the amount a victim could have earned if they were in a position to work at their current job or if a job available that was suitable for their impairment. 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. An attorney can multiply a person's hourly rate by number of hours they were absent from work to find their total lost earnings. If you were paid salary, you'll be required to think about the time that you were unable to work, in addition to your pay and benefits.
The process of calculating lost income is simple, however future losses may be more complex. An attorney will need to take into account the cost of any future treatment in addition to any costs that can reasonably be anticipated in light of the victim's current state of health.
In the event of seeking compensation for medical malpractice, it's essential to have a skilled lawyer on your side. At Weltchek Mallahan & Weltchek, our team of
lawyers can help you decide on the best way to pursue your financial recovery. Contact us today for an appointment free of charge. Medical errors can be a serious issue that can cause a lot of damage. Our legal team will review your case thoroughly and fight to get the compensation you deserve.