Types of Medical Malpractice Compensation
Some states have limits on the amount of damages victims of medical malpractice are able to claim. These caps typically cover measurable, specific losses such as the cost of medical bills and lost wages.
However,
medical malpractice attorney malpractice cases often involve non-economic damages like pain and suffering. The skilled attorneys at Sobo & Sobo can help you build a strong case for compensation for these injuries in the following areas.
Potential loss of earnings
You can claim damages for lost wages if the injury is caused by
Medical Malpractice Law Firm negligence and impairs your ability to earn income. However, proving that these losses isn't easy. You must show that the negligence of the doctor was the direct cause of your injuries, rather than just a result of them. This can be a challenge particularly if it involves a pre-existing condition that the medical professional ignored or misdiagnosed.
Depending on the kind of medical malpractice, you could be entitled to non-economic damages as well as economic damages. Non-economic damages are determined by the impact of the injuries on your quality or your life. It's often difficult to put an amount on this, and your attorney will need to rely on expert evidence, charts and graphs to prove the consequences of the negligence.
In certain cases medical negligence is so severe that you are eligible to claim punitive damages. These are designed to punish the healthcare provider for their outrageous conduct. This type of damage award isn't as common, but it can be awarded in certain situations, including when the healthcare provider has acted with recklessness or malice.
Medical malpractice lawsuits are costly to pursue. The costs of court filings, medical records and other records can quickly increase. Your lawyer may also have to enlist experts to review your case and determine if
medical malpractice lawsuit professionals violated their duty to you.
Permanent Disability
Medical malpractice cases are typically complex, with many types of damages available. Compensation is for costs like the anticipated future medical procedures, any ongoing care or treatment, and lost wages if the injury causes someone to miss work. It may also cover non-economic damages like suffering and pain.
Non-economic losses are difficult to quantify in a dollar amount however, they can include any loss in quality of life. They could also include suffering and pain, emotional and psychological stress. The claimant's lawyer will use the testimony of family and friends to assist jurors in understanding the impact that the injury has had on the victim's everyday life.
A good NYC medical negligence lawyer will thoroughly review every piece of evidence to determine the claim's value. This includes a review of the medical malpractice statute of limitations, which imposes a time limit on the time after an accident that an individual plaintiff can bring a lawsuit.
The value of a medical malpractice claim will be determined by the severity of the incident and settlement amounts typically reserved for more serious injuries. For instance, a medical professional might have mistakenly diagnosed an individual suffering from a condition like cancer, which could be life-threatening. The most serious injuries are also more likely to cause an indefinite disability, which will increase the cost of a claim.
Pain and Suffering
Medical malpractice victims can also seek compensation for the physical pain they have experienced as a result of negligence by a doctor. Physical pain could be based on an injury to the body, for instance broken bones. It can include loss of of motion, scarring, the inability to exercise or sleep; loss of sexual function; and other injuries that reduce the victim's quality of life.
Medical malpractice compensation can include compensation for suffering and psychological pain. Psychological injuries such as anxiety, depression, suicidal phobia and post-traumatic stress disorder (PTSD) can be incredibly debilitating and can cause physical pain as well. In addition, the loss of mental health may also affect a person's ability to maintain healthy relationships, and impact their overall quality of life.
Damages can be classified into two types: economic or "special" damage, which is based on measurable losses, and non-economic or general damages, like discomfort and pain. It can be difficult to determine an appropriate amount for non-economic damages as they are not easily quantifiable in dollars.
There are a variety of ways to calculate the value of an award for suffering and pain, including using a multiplier. This method is where you add all the damages together and then multiplies this number by a specified amount between 1.5 to 5. Some states have limits on this kind of award, however judges in most instances will not be able to reverse the jury's decision.
Future earnings loss
The victims of medical malpractice can claim many different damages, including future loss of earnings. This includes the amount the victim could have earned if he or she could work at the previous job or they could have gotten an opportunity that was suited to their limitations. This is a complicated item of damage that typically requires the help of an expert economist to calculate.
Lost earnings calculations are straightforward in the event that the victim earned on an hourly basis. An attorney can multiply an individual's hourly rate by the amount of hours they did not work to calculate their total lost earnings. If you are on an income, you'll have to consider the period that you were unable to work along with your salary and benefits.
Calculating lost income is relatively straightforward, but the future loss can be more complicated. An attorney will have to consider the cost of any future treatment and also any expenses that are reasonable to anticipate in light of the patient's current situation.
It is essential to be able to have an experienced lawyer on your side when seeking compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can help you determine how to best pursue financial recovery. Contact us today to schedule an appointment with us for a no-cost consultation. Medical errors are a grave problem that can cause significant damage. Our legal team will review your case carefully and fight for the compensation you are due.