Understanding Your Rights to Medical Malpractice Compensation in New York
Medical malpractice could cause various losses, such as medical expenses that are costly along with lost wages, and non-economic damages like pain and suffering. A qualified New York attorney can help you understand your rights to claim compensation.
First check if the injuries were caused by an error made by a medical professional. Then you can file the process of bringing a
malpractice lawsuit.
Medical expenses
The cost of medical care to treat injuries is the most obvious. This type of damage has the limitation that is set by law of the state, which is outlined in the liability insurance policy of a healthcare provider. Some states have also set up injured patient compensation funds to reduce the perceived cost of litigation and help providers lower their liability insurance cost.
Victims can claim compensation in addition to medical expenses in the event that negligence is found to be a contributing factor. These are known as special or economic damages. These include the cost of medical treatment (past or in the future) required to treat the injury caused by the negligence and any loss of income due to being not able to work.
The damages for suffering and pain are typical in medical malpractice cases. This type of damage can differ widely among claimants and is a subjective matter. It covers any physical pain, emotional distress and other physical or psychological effects due to the malpractice. A plaintiff, for example might be compensated in the event that the doctor made a mistake that caused her not to attend a vital cancer screening.
In addition, punitive damages are also a possibility in certain situations. These are meant to punish an individual doctor for a particularly reckless actions, such as leaving a sponge in a patient after surgery.
Pain and suffering
In medical malpractice cases it is a matter of pain and suffering. It is a type non-economic damages. They cover the emotional and physical trauma a victim endured as a result of the doctor's negligence. The symptoms can be minor like anxiety or discomfort, or they could be more severe such as a loss of joy in life or depression, embarrassment, or anxiety.
As it's hard to put an amount on suffering and pain, the jury instructions usually leave it to the jurors. They are able to use their judgment, knowledge and experience to determine what they believe to be fair and reasonable. In the end, the amount of money given in malpractice cases can vary significantly.
Your medical
malpractice attorney can help you prove the severity of your suffering by using evidence that can be used to prove your case. Photos, X-rays, home movies, models, diagrams, and sketches can all help a jury see the extent of your injuries as well as how they have impacted your daily life.
If a medical professional's negligence resulted in the death of a patient's family members, the heirs may be able to claim damages under survival statutes, or wrongful death lawsuits. In the case of wrongful death, laws generally allow a deceased victim's spouse and children to claim the same types of compensation that they would have received if the patient was alive. The total amount of damages that a victim can receive is usually restricted by the state's cap on pain and suffering. This is why it's important to have a knowledgeable medical
malpractice lawyer on your side to ensure you receive the amount of compensation you're entitled to.
Loss of wages
You can recover your lost wages if you are unable to work due to medical negligence. This amount includes your base salary as well as bonuses, commissions, and employment benefits. It also includes any pay increases or pay increases. Your lawyer will review your past pay stubs in order to calculate your average earnings prior to your injury. Then, subtract the lost work from that figure to calculate the total loss of wages. Your lawyer can also assist you in determining your future loss of earnings by using a present value calculation. This is an analysis of finances that looks at the impact of your injuries in the future on your ability to earn money. It's usually performed by a professional hired by your attorney.
In addition to compensating for your economic losses, you may also recover non-economic damages for pain and suffering triggered by the accident. The jury will decide on the appropriate compensation amount for these damages, which can vary from case to situation. However, some states have a cap on these damages, and they've been struck down as unconstitutional in a number of cases.
Settlements of seven figures are usually related to serious permanent injuries or wrongful death resulting from extreme healthcare negligence. For example, surgical mistakes which result in amputations or birth defects that result in infant brain damage and maternal death, and anesthesia mistakes causing comas might all command high-value settlements. In certain situations the punitive damages might be available to punish bad behavior.
Damages for future medical treatment
In medical malpractice cases, there are two types of damages a plaintiff can pursue: non-economic and economic damages. The former are based on calculable financial losses, like future and past medical expenses. The latter is more difficult to quantify, which includes suffering and loss of enjoyment. In a case of medical malpractice, the jury will need to hear expert testimony to evaluate these kinds of losses.
Past medical expenses are relatively easy to prove with actual bills from the injured person's health care providers. The lawyer representing the plaintiff will provide medical evidence to demonstrate the kind of treatment that is likely to be needed in the future, and what they cost today. The amount of future medical treatment needed can be dependent on the age of the victim at the time of malpractice.
Damages for future lost wages can be proved by showing the impact of an injury on a patient's capacity to work and earning capacity in the future. This can be supported by expert testimony or looking at similar cases from the past.
Pain and suffering is a broad term that covers the mental and physical discomfort and stress which patients suffer because of medical malpractice. This kind of damage is typically based on testimony from the victim and other witnesses and evidence such as videotapes, photographs and written reports.