Types of
medical malpractice law firm Malpractice Compensation
Many states limit the amount of damages that a victim of medical malpractice can get. The caps usually only cover specific, tangible losses like medical bills and lost wage.
However medical malpractice cases typically include 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 an injury that is the result of medical malpractice compromises your ability to earn a living you may be able to claim damages for the loss of wages. It isn't easy to prove these losses. You must show that the negligence of the doctor was a direct cause of the injuries you sustained, not being merely related to them. This can be a difficult task particularly when it is involving a pre-existing condition that the medical professional did not recognize or misdiagnose.
You may be eligible for both economic and non-economic damages based on the type of error. Non-economic damages are based on the effect the injuries have affected your life quality. Your lawyer will utilize expert testimony, charts, and graphics to illustrate the effects of negligence.
In some instances
medical malpractice attorney negligence can be so serious that you might be able to claim punitive damage. These damages are designed to punish the healthcare provider who has engaged in a shocking behavior. This kind of damage award isn't as common, but it is possible to award it in certain circumstances, such as instances where the healthcare professional acted with malice or recklessness.
Medical malpractice claims can be costly to pursue. The costs of court filings, medical records, and other records can quickly increase. Your lawyer will need to hire experts who will review your case to determine if medical professionals have violated their duty of care to you.
Permanent Disability
Medical malpractice cases are usually complicated, with a variety of damages that are available. Compensation can cover expenses like future medical procedures, ongoing medical treatment, or lost wages, in the event that an injury caused an employee to be absent from work. It may also cover non-economic damages, like pain and suffering.
Non-economic losses can be difficult to quantify, but could include any reduction in the quality of life. They can also encompass emotional and psychological distress, as in addition to pain and suffering. The lawyer for the claimant will use the testimony of family members and friends to assist jurors in understanding the impact the injury has had on the victim's daily life.
A reputable NYC medical malpractice lawyer will take a close look at 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 time after an accident that a plaintiff can pursue a lawsuit.
The value of a medical negligence claim will depend on the severity of the accident as well as the severity of the injury, with larger settlement amounts tend to be reserved for more serious injuries. For instance, a medical professional might have misdiagnosed the patient with a disease such as cancer, which is life-threatening. The most serious injuries are more likely to result in an indefinite disability. This can increase the cost of an insurance claim.
Suffering and Pain
Medical malpractice victims can also seek compensation for the physical pain they've felt as a result of the negligence of a physician. Physical pain can be a result of an injury, like a broken bone or a scar. It could also be caused by or the inability to sleep or exercise, loss of sexual function, and other injuries affecting the quality of life of the victim.
Pain and suffering from psychological causes can also be a component of the compensation that is awarded to victims of medical negligence. Psychological injuries such as anxiety, depression, suicidal phobia, and post-traumatic stress disorder (PTSD) can be extremely debilitating and can cause physical pain as well. Additionally the loss of mental health can also affect a person's ability to work or maintain healthy relationships and affect their general quality of life.
Damages are generally classified into two categories: economic or "special" damages which are based on quantifiable financial losses, and general or "non-economic" damages like suffering and pain. It can be difficult to determine a fair amount for non-economic damages as they are not easily quantifiable in dollars.
There are different methods for making a determination of the value of a pain and suffering award such as using a multiplier method that adds up the damages for special damages and multiplies that amount by a specific amount ranging from 1.5 to 5. Some states have caps on these kinds of awards, but in the majority of instances, judges cannot overturn the verdict of a jury.
Future earnings loss
Medical malpractice victims can recover various damages, including future loss of earnings. This is the amount that a victim could earn if they had been in a position to work at their current job or if a job was available that suited their impairment. This is a complex type of damage that typically requires the help of an expert economist to calculate.
Calculating lost earnings is easy when the victim earns an hourly rate. An attorney can multiply an individual's hourly wage by the number of hours they did not work to find the total amount of lost wages. If you were on an income, you'll have to take into consideration the time that you were unable to work in addition to your salary and benefits.
While the process of calculating lost earnings is fairly simple, future losses are more complex. The attorney will have to take into consideration the cost of future treatment and also the costs that are reasonable depending on the condition of a patient.
In the event of seeking compensation for medical malpractice, it's important to have an experienced lawyer on your side. At Weltchek Mallahan & Weltchek, our team can help you determine the best approach to pursue your financial recovery. Contact us today to schedule an initial consultation for free. Medical errors can be a grave problem that can cause significant damage. Our legal team is prepared to take a close look at your case and fight for the maximum settlement you deserve.