Types of Medical Malpractice Compensation
A number of states have caps on the amount of damages that a medical malpractice victim can be awarded. These caps usually cover only specific, measurable losses like medical bills and lost wages.
Medical malpractice cases typically result in non-economic damages, like suffering and pain. The experienced attorneys at Sobo & Sobo can help you build a strong case to recover compensation for these losses in the following areas.
Potential loss of earnings
You can claim damages for lost earnings if the injury was caused by medical negligence and affects your ability earn income. But proving these losses isn't easy. You must prove that the medical professional's negligence caused your injuries directly and not just indirectly. This isn't easy, especially when it involves an existing condition that a medical professional did not recognize or misdiagnose.
You may be entitled to both economic and non-economic damages depending on the type of malpractice. Non-economic damages are determined by the effect of the injuries on your quality or life. Your attorney will make use of expert testimony graphs, charts, and other graphics to show the impact of negligence.
In some instances the medical negligence could be so severe that you can seek punitive damages. These damages are intended to penalize the healthcare provider who has committed a shambolic actions. This kind of damage award isn't so common, however it is possible to award it in certain circumstances, such as when the healthcare provider acted in reckless or malicious ways.
medical malpractice attorneys malpractice claims can be costly to pursue. The cost of court filings, medical records and other records can quickly become costly. Your lawyer will also need to employ experts to look over your case and determine whether
medical malpractice law firm professionals breached their duty to you.
Permanent Disability
Medical malpractice cases are often complicated, with a variety of damages available. Compensation covers expenses such as the anticipated future medical procedures, any ongoing treatment or care and lost earnings if an injury causes someone to miss work. It can also include non-economic damages, such as suffering and pain.
The non-economic damage is harder to quantify in terms of a dollar amount, but they could include any decrease in the quality of life. They can also encompass emotional and psychological distress, as in addition to pain and suffering. The claimant's attorney will use testimony from family members and friends members to assist jurors understand the impact of the injury on the victim's life.
A good NYC
medical malpractice lawyer will carefully review the evidence to determine the worth of the claim. This includes reviewing the medical malpractice statutes of limitations, which stipulates the time frame for which a plaintiff has to make a claim following an accident.
The value of a claim based on medical malpractice will depend on the extent and severity of the damage. A higher settlement amount is reserved for more serious injuries. For instance, a physician may have erroneously diagnosed patients suffering from a condition like cancer, which is life-threatening. The most serious injuries are more likely to result in an indefinite disability. This will increase the cost of an insurance claim.
Suffering and Pain
Patients who have suffered from medical malpractice can also seek compensation for physical pain they've experienced because of the negligence of a physician. Physical pain could be based on an injury to the body, like broken bones. This can include loss of range of motion, scarring; the inability to exercise or sleep or sleep; loss of sexual function as well as other injuries that affect the victim's quality of life.
Compensation for medical malpractice can include compensation for psychological pain and suffering. The psychological injuries that result from them, such as depression, anxiety, thoughts of suicide, and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. Additionally the loss of mental health can affect a person's ability to maintain healthy relationships, and impact their overall quality of life.
Damages can be classified into two categories: economic or "special" damage, which is based on measurable losses and general damages, like pain and discomfort. It isn't always easy to determine an appropriate amount for non-economic damages because they aren't easily quantified in dollars.
There are a variety of methods for calculating the value of an award for pain and loss including a multiplier technique which adds up all damages that are specific and multiplies the result by a specific amount ranging from 1.5 to 5. Some states place limits on these kinds of awards, but in the majority of cases, judges will not overturn a jury's decision.
Future earnings loss
Medical malpractice victims are entitled to a variety of damages including future earnings loss. This covers the amount that the victim would have earned if they could work at the previous job or they were able to find an employment that was suitable for their limitations. This is a tangled piece of damage that typically requires the help of an expert economist to determine.
Calculating lost earnings is simple when the victim earns an hourly wage. An attorney can multiply a person's hourly rate by the amount of hours they didn't work to find the total loss of wages. If you were paid a salary, you will need to consider the time you were unable to work alongside your salary and benefits.
The process of calculating lost income is fairly simple, however the future loss can be more complicated. The attorney will need to take into account the cost of treatment in the future as well as costs that can be reasonably anticipated based on a victim's condition.
It is important to have a lawyer with experience on your side when pursuing compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team can assist you to determine the best way to pursue financial compensation. Contact us today to set up an appointment for a no-cost consultation. Medical errors can be a grave issue that can cause significant damage. Our legal team is ready to look closely at your case and fight for the full settlement you deserve.