Types of Medical Malpractice Compensation
A lot of states limit the amount of damages that a victim of
medical malpractice lawsuit negligence can get. The caps usually only cover specific, tangible losses such as medical bills and lost wages.
Medical malpractice cases can often result in 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 damages in the following areas.
Loss of Earnings Potential
If the injury caused by medical negligence hinders your ability to earn a living, you can recover damages for lost wages. It can be difficult to prove the loss. You must prove that the doctor's error was the direct cause of the injuries you sustained, not simply related to them. This can be a difficult task particularly if it involves an existing condition that the medical professional failed to recognize or misdiagnose.
In the event of medical malpractice, you may be entitled to non-economic damages in addition to economic damages. Non-economic damages are based on the effect the injuries have affected your quality of life. Your lawyer will use expert testimony, charts, and graphics to demonstrate the consequences of negligence.
In some cases medical negligence can be so grave that you could be legally able to claim punitive damages. These damages are intended to penalize the healthcare provider who has committed a shambolic actions. This type of damages award is not common, but can be awarded when a healthcare provider was acting with carelessness or ill-intention.
medical malpractice attorney malpractice claims can be 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 enlist experts to review your case and determine if medical professionals violated their duty to you.
Permanent Disability
Medical malpractice cases are typically complicated, with a variety of damages available. Compensation can cover expenses such as future medical procedures, ongoing care and treatment, or lost wages, when an injury has caused the person to be off work. It can also include non-economic damages like suffering and pain.
Non-economic losses are difficult to quantify in terms of dollar value, however, they can include any decrease in the quality of life. They may also include emotional and psychological distress, as in addition to pain and suffering. The claimant's attorney will use testimony from family and friends members to help jurors to understand the impact of the injury on the victim's life.
A reputable NYC medical malpractice lawyer will take a close look at the evidence to determine the worth of an action. This includes a thorough review of the medical malpractice statutes of limitations that limits how long the plaintiff is required to file a suit after an accident.
The value of a medical malpractice claim will be determined by the severity of the accident and the amount of settlement tending to be reserved for more severe injuries. For instance, a physician might have mistakenly diagnosed the patient with a disease like cancer, which could be life-threatening. The most severe injuries are also more likely to cause an indefinite disability, which will increase the cost of the claim.
Suffering and Pain
The victims of medical malpractice may also seek compensation for physical pain they've felt due to a doctor’s negligence. Physical pain may be based on an injury to the body, like fractured bones, and may include loss of range of motion; scarring; the inability to exercise or sleep as well as loss of sexual function; and other injuries that impact the victim's quality of life.
The psychological pain and suffering of patients could also be a component of the compensation given to victims of medical malpractice. Psychiatric injuries like anxiety, depression, suicidal ideas and post-traumatic stress disorder (PTSD) can be extremely debilitating and may cause physical pain as well. In addition the loss of mental health can affect a victim's capacity to maintain healthy relationships and affect their general quality of life.
Damages are usually classified into two categories one being economic or "special" damages, which are based on the possibility of calculating financial losses and general or "non-economic" damages such as pain and suffering. It can be difficult to establish an appropriate amount for non-economic damages since they are not easily quantifiable in dollars.
There are many methods of making a determination of the value of an award for pain and suffering such as using a multiplier method that adds all special damages and then multiplies that amount by a specified amount that ranges from 1.5 to 5. Certain states have limits on this kind of award, but judges in a majority of cases are not able to overturn the verdict of the jury.
Loss of future earnings
Medical Malpractice Attorneys accident victims are entitled to a variety of damages including future earnings loss. This is the amount a victim could have earned had they been in a position to work at their old job or if a job available that suited their impairment. This is a complicated item of damage, which often requires the assistance of an expert economist to calculate.
Calculating lost earnings is easy for those who earn an hourly wage. A lawyer can multiply the hourly rate of a person by the number of hours they did not work to calculate their lost wage. If you are on the salary side, you'll need to consider the time that you could not work in addition to your salary and benefits.
Calculating lost income is relatively easy, but future losses could be more complex. An attorney must take into account the cost of any future treatment as well as any costs that can reasonably be anticipated in light of the patient's current condition.
It is crucial to have a lawyer who has experience on your side when you are seeking compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team can assist you to determine the best method to pursue financial compensation. Contact us today for an appointment for a no-cost consultation. Medical errors can be a serious issue that can cause a lot of harm. Our legal team will review your case with care and fight for the compensation you are due.