Types of Medical Malpractice Compensation
Many states have limits on the amount of damages an individual victim of medical malpractice may recover. These caps usually cover only specific, measurable losses like medical bills and lost wages.
Medical malpractice cases typically involve non-economic damages, like suffering and pain. The experienced attorneys at Sobo & Sobo will help you to build a case for compensation in the following areas.
Loss of Earnings Potential
You may be able to claim damages for lost earnings if the injury was caused by medical malpractice and affects your ability earn income. It can be a challenge to prove the loss. You must prove that the doctor's error was the direct cause of your injuries, and not just a result of them. This can be challenging particularly if the doctor did not recognize or treat an existing
medical malpractice law firms condition.
You could be eligible for both economic and non-economic damages based on the type of error. Non-economic damages are determined by the impact of the injuries on your quality of life or your life. It's not always easy to put the value of this, so your lawyer must use expert testimony, charts and graphics to demonstrate the effects of negligence.
In certain instances, medical negligence can be so grave that you could be able to claim punitive damage. These damages are intended to penalize the healthcare provider who has committed a shambolic behavior. This kind of damages award isn't common, but can be awarded when a healthcare provider was acting with negligence or with malice.
Medical malpractice cases are costly to pursue. There are court filing fees, medical records and other costs for documentation which can quickly add up. Your lawyer may also have to engage experts to analyze your case to determine if medical professionals acted in breach of their obligations to you.
Permanent Disability
Medical malpractice cases can be very complex and can involve a variety of types of damages. Compensation can cover costs like future medical procedures, ongoing care and treatment as well as lost wages when an injury has caused the person to be off work. It also covers non-economic losses like pain and discomfort.
Non-economic losses are difficult to quantify in a dollar amount however, they can include any loss in quality of life. They can also include pain and suffering, emotional and psychological distress. The lawyer of the claimant will utilize the testimony of family members and friends to assist jurors in understanding the impact that the injury has caused on the victim's daily life.
A good NYC medical negligence lawyer will scrutinize all the evidence to determine the value of the claim. This includes reviewing the medical malpractice statute of limitations which sets a limit to how long after an accident a plaintiff can file a lawsuit.
The value of a claim for medical malpractice will depend on the severity and extent of the damage. A higher settlement amount is reserved for more serious injuries. A doctor may have missed a diagnosis of cancer in a patient, which can cause death. The most serious injuries are also more likely to result in permanent disability, which can increase the cost of a claim.
Suffering and Pain
Medical Malpractice law firms malpractice victims can also seek compensation for physical pain they've experienced due to a doctor’s negligence. Physical pain can be a result of an injury, like a broken bone and may also result in scarring or the inability to sleep or exercise or exercise, loss of sexual function and other injuries that impact the victim's life quality.
The psychological pain and suffering of patients can also be a part of the compensation that is awarded to victims of medical negligence. Psychiatric injuries like anxiety, depression, suicidal phobia, and post-traumatic stress disorder (PTSD) can be incredibly physically and mentally limiting, and can trigger physical pain as well. The loss of mental health may also affect a person's capacity to work and maintain healthy relationships and overall quality of life.
Damages are usually divided into two categories one being economic or "special" damages, which are based on quantifiable financial losses as well as general or "non-economic" damages, such as pain and suffering. Non-economic damages are hard to quantify in dollars, and so it is difficult to determine an appropriate amount.
There are many methods of in calculating the value of an award for pain and suffering including using a multiplier method, which adds up all damages that are special and multiplies the number by a particular amount ranging from 1.5 to 5. There are a few states that have caps on this type of award, but judges in the majority of cases will not overturn the verdict of a jury.
Future earnings loss
Medical malpractice victims are able to recover a wide variety of damages that include future loss of earnings. This is the amount that a victim could have earned had they been able to work at their old job or if they had a job accessible to them that was suited to their condition. This is a nitty-gritty type of damage that often requires experts in economics to determine.
Lost earnings calculations are simple in the event that the victim earned an hourly wage. A lawyer can multiply the hourly rate of a person by the number hours they were absent to calculate their total lost earnings. If you were on salary, you'll have to consider the period you were unable to work, in addition to your pay and benefits.
Calculating lost income is relatively straightforward, but future losses can be more complicated. The lawyer will need to take into consideration the cost of any future treatment and also the costs that can be reasonably expected depending on the condition of a patient.
It is crucial to have an experienced lawyer on your side when seeking compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can assist you in determining the best way to most effectively pursue your financial recovery. Contact us today for an appointment for a no-cost consultation. Medical errors can be a grave issue that can cause significant damage. Our legal team will review your case in detail and fight for the compensation you deserve.