Types of Medical Malpractice Compensation
There are many states that have limits on the amount of damages victims of
medical malpractice law firm malpractice are able to claim. The caps typically only cover measurable, specific losses such as the cost of medical bills and lost wages.
However medical malpractice cases usually include non-economic damages such as pain and suffering. The experienced attorneys at Sobo & Sobo will help you build a case for compensation in the following areas.
Loss of Earnings Potential
You may claim compensation for lost wages if the injury is caused by medical negligence and affects your ability to earn income. It isn't easy to prove the loss. You must show that the negligence of the doctor caused your injuries, and not just a result of them. This can be difficult, especially if the doctor failed to diagnose or omit an existing medical condition.
Depending on the type of medical malpractice, you could be entitled to economic damages, as well as economic damages. Non-economic damages are determined by the impact of the injuries on your quality or your life. Your lawyer will utilize expert testimony graphs, charts, and other graphics to demonstrate the consequences of negligence.
In some instances medical negligence is so severe that you are able to claim punitive damage. These damages are meant to punish the healthcare provider who has engaged in a shocking conduct. This kind of damages award isn't common, but can be awarded when the healthcare provider has acted with carelessness or ill-intention.
Medical malpractice claims can be costly to pursue. There are court filing fees, medical records and other documentation costs that can add up quickly. Your lawyer will also have to employ experts to look over your case to determine if
medical malpractice lawsuits professionals breached their duty to you.
Permanent Disability
Medical malpractice cases can be a bit complicated and involve various types of damages. Compensation is for costs like the anticipated future medical procedures, any ongoing medical treatment or care, and lost wages if the accident causes people to miss work. It could also include other damages that are not economic, such as suffering and pain.
Non-economic losses can be difficult to quantify, but could be a result of any decline in quality of life. They can also be a result of pain and suffering, emotional and psychological stress. The attorney representing the claimant will rely on testimony from family members and friends members to help jurors to understand the impact of the injury on the victim's life.
A good NYC medical malpractice lawyer will scrutinize the evidence to determine the worth of a claim. This includes reviewing the medical malpractice statute of limitations which sets a time limit on the time after an accident that the plaintiff is allowed to bring a lawsuit.
The value of a claim based on medical malpractice will depend on the magnitude and severity of the injury. Higher settlement amounts are reserved for more serious injuries. A doctor could have missed the diagnosis of cancer in the patient, and this could cause death. The most serious injuries are more likely to result in a permanent disability. This increases the cost of an insurance claim.
Pain and Suffering
Medical malpractice victims can seek compensation for the physical pain they have endured as a result negligence by a doctor. Physical pain can result on an injury to the body, for instance broken bones. This can include loss of of motion; scarring; the inability to exercise or sleep or sleep; loss of sexual function; and other injuries that impact the victim's quality of life.
The psychological pain and suffering of patients can also be a part of the compensation given to victims of medical negligence. Psychiatric injuries such as anxiety, depression and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. Additionally, the loss of mental health may also impact a victim's ability to work or maintain healthy relationships and affect their general quality of life.
Damages are usually classified into two categories: economic or "special" damages that are based upon calculable financial losses, and general or "non-economic" damages, such as pain and suffering. Non-economic damages are difficult to quantify in dollars, therefore it is difficult to determine an appropriate amount.
There are many methods of in calculating the value of an award for pain and suffering which includes a multiplier approach which adds up all damages that are special and multiplies the result by a specific amount ranging from 1.5 to 5. There are some states that have limits on this kind of award, however judges in many cases will not uphold the jury's decision.
Loss of Future Earnings
Medical malpractice victims are entitled to a variety of damages including future earnings loss. This is the amount a victim could have earned if they were employed at their previous job, or had a job available that was suitable for their disability. This is a very complex type of damage and usually requires experts in economics to determine.
Lost earnings calculations are simple when the victim is earning at an hourly rate. A lawyer can multiply the hourly rate of a person by the number of hours they were absent to determine their total lost wages. If you were on salary, you'll be required to think about the time that you were not able to work in addition to your salary and benefits.
Calculating lost income is relatively simple, but the future loss can be more complicated. The attorney will need to consider the cost of future treatments as well as costs that can be reasonably anticipated depending on the condition of a patient.
It is essential to have a lawyer with experience on your side when seeking compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team will help you determine the best way to pursue your financial recovery. Contact us today to schedule an appointment with us for a no-cost consultation. Medical errors are a serious problem that could cause severe harm. Our legal team will review your case in detail and fight for the compensation you are due.