Malpractice Compensation
Malpractice compensation typically covers future and past medical expenses. It may also compensate victims for lost income as well as their capacity to work.
Non-economic damages are more difficult to determine and include suffering along with distress and frustration. They are typically determined using a severity.
To prove negligence, a plaintiff must show a doctor's duty to behave professionally. This duty was violated resulting in injury.
Damages for pain and suffering
In a medical malpractice lawsuit the pain and suffering of the victim can be difficult to quantify because they are subjective. Pain and suffering are not economic losses such as hospital bills or lost wages that can be calculated to the penny. Instead, they are the victim's emotions of anguish, sadness and pain caused by the negligence of the malpractice.
The physical discomfort associated with malpractice injuries can be mild to severe. However, the emotional and psychological pain can be more severe. This can include anxiety and depression, fear, anger, angry, frustrated and other negative influences on the individual's life. The jury will consider these factors when determining damages.
Examples of such damages could include scarring, disfigurement and loss of limbs, among other permanent impairments that affect the ability to exercise, maintain healthy relationships, and complete everyday tasks. In some instances, an attorney may use expert witnesses to explain the impact of the injury on the quality of life for the victim.
While it is difficult to establish an exact dollar value on these damages, a jury will rely on their knowledge, experience, and common sense when determining the value. As a result, it is essential to have a seasoned and competent legal team to your side to ensure that you're capable of recovering the full amount of your losses.
Damages for Economic Loss
Economic damages pay victims the financial costs they incur due to medical malpractice. They typically cover past and future medical expenses related to treatment for a malpractice injury. They also cover lost income if an injury prevents a victim from working or decreases his or her earning capacity. Documentation, such as medical documents and wage records, can be used to prove the damage but certain elements of economic loss require an expert witness.
A patient who has suffered serious physical injuries as a result of medical
malpractice lawsuits may need extensive long-term care. This could include surgery, medication and physical therapy. This care can cost millions of dollars over the course of a lifetime.
In certain instances, negligence on the part of a medical professional may result in a permanent impairment like cerebral palsy, or parlysis. This can lead to costly ongoing treatment as well as a significant decrease in the patient's quality of life.
In some states, there are limits on the amount of damages a victim can receive in a medical
malpractice lawsuit. In some courts, these limits were ruled to be unconstitutional because they limit the rights of an injured person to a fair legal remedy. New York does not impose damages caps, so that victims are able to claim the full amount of damages from the successful lawsuit for malpractice.
Damages for non-economic Losses
Some medical malpractice cases are more difficult to quantify, for example, pain and discomfort and loss of enjoyment. While these damages may be difficult to quantify, it is possible to do so by using witness testimony and expert financial analysis to support the claim.
Economic losses are also compensated for, which includes future and past medical expenses. This can include hospital bills and in-home care, medical accessories, and much more. Compensation may also cover future earnings and lost income if an injury prevented the victim from working.
In the calculation of damages, both the jury and the judge look at a variety of factors. A jury or judge may award noneconomic damages when such an injury resulting from medical error reduces the quality of life for the victim. This includes the cost of bringing in someone to do tasks that the injured cannot perform anymore like cooking, cleaning, or taking care of children.
In certain instances the actions of a doctor may be so reckless or negligent that punitive damage is appropriate. These are intended to punish the offender and to send a message to other professionals in the health industry. The majority of them are cases that are particularly egregious and show a complete disregard for the safety of patients.
Damages for wrongful death
The loss of a loved one because of medical negligence can create a lot of anxiety and financial loss for family members. A representative may make a claim to seek damages from the deceased's estate to pay funeral and medical costs and other out-of-pocket expenses such as nursing or home health assistance, loss of future earning, lost inheritance prospects, etc. A lawyer for the plaintiff may employ experts in economics to evaluate the life expectancy of the deceased, and calculate the anticipated loss of income.
Damages resulting from wrongful death include punitive and compensatory damages. Compensatory damages are awarded to victims in exchange for their out-of-pocket expenses as well as other damages that can be easily quantifiable such as medical expenses and future medical costs; pain and suffering; mental anguish; and loss of consortium. Punitive damages punish those who commit egregious acts, such as leaving sponges in patients during surgery that require a second surgery to remove.
A wrongful-death action can be filed as part of an ongoing malpractice case or in conjunction with a survival case. A wrongful death claim requires a lawyer with experience dealing with medical malpractice cases to ensure that the plaintiff is compensated for all damages available. An experienced lawyer will scrutinize all the evidence and documents to determine the amount a victim may be owed. An experienced lawyer will present a persuasive case to the jury and make sure that all eligible damages are included in the final settlement or verdict.