Types of
Medical Malpractice Law Firm Malpractice Compensation
A lot of states limit the amount of damages a victim of medical malpractice may get. The caps typically only cover specific, measurable losses like medical bills and lost wages.
However medical malpractice cases typically involve non-economic damages like suffering and pain. The skilled attorneys at Sobo & Sobo can help you establish a strong case for compensation for these injuries in the following areas.
Potencial Loss of Earnings
You may claim compensation for lost earnings if the injury was caused by medical negligence and impairs your ability to earn income. However, proving these losses can be challenging. You must prove that the doctor's error was a direct cause of your injuries, rather than just a result of them. This isn't easy, especially when it involves an existing condition that a medical professional failed to recognize or misdiagnose.
You could be entitled to both economic and non-economic damages, based on the nature of the mistake. Non-economic damages are based on the effect the injuries have had on your life quality. It's sometimes difficult to put an amount on this, and your attorney must use expert testimony, charts and graphs to show the effect of the negligence.
In certain cases medical negligence is so egregious you may be legally able to claim punitive damages. These damages are intended to penalize the healthcare provider who has engaged in outrageous conduct. This kind of damage award is not so common, however it is possible to award it in certain circumstances, such as instances where the healthcare professional acted with malice or recklessness.
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 must hire experts who will review your case to determine whether medical professionals have acted in violation of their duty of care to you.
Permanent Disability
Medical malpractice cases are typically complex, with many types of damages that are available. Compensation covers expenses such as expected future medical procedures, any ongoing care or treatment, and lost wages if the injury causes someone to miss work. It may also cover non-economic damages, such as suffering and pain.
Non-economic damages are more difficult to quantify in terms of dollar value, however, they can include any loss in quality of life. They can also cover emotional and psychological distress as also suffering and pain. The lawyer representing the claimant will rely on the testimony of family and friends to help jurors comprehend how the injury had on the victim's daily life.
A good NYC medical negligence lawyer will take the time to review all the evidence in order to determine the claim's value. This includes a thorough review of the medical malpractice statutes of limitation that limits how long the plaintiff is required to file a suit after an accident.
The value of a medical malpractice claim will depend on the severity of the accident, with higher settlement amounts tend to be reserved for more severe injuries. For example, a doctor may have erroneously diagnosed an individual suffering from a condition such as cancer, which could be life-threatening. The most serious injuries are more likely to lead to a permanent disability. This can increase the cost of an insurance claim.
Suffering and Pain
Medical malpractice victims can also seek compensation for the physical pain they have experienced as a result of negligence by a doctor. Physical pain can be caused by an injury, like broken bones and may also result in scarring and inability to sleep or exercise and loss of sexual function, and other injuries affecting the victim's life quality.
Compensation for medical negligence can include compensation for suffering and psychological pain. Psychiatric injuries such as depression, anxiety thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. The loss of mental health can also impact a person's ability to work and maintain healthy relationships and overall quality of life.
Damages can be divided into two categories, economic or "special" damage, which is based on the calculation of losses, and non-economic or general damages, like pain and discomfort. Non-economic damages are difficult to quantify in dollars, which is why it can be hard to determine an appropriate amount.
There are a variety of methods to determine the value of an award for suffering and pain, such as using a multiplier. This method adds all special damages together, and then multiply this number by a specified amount that is between 1.5 and 5. There are some states that have caps on this type of award, but judges in many instances will not be able to reverse the verdict of a jury.
Future earnings loss
Medical malpractice victims can recover numerous damages, including future loss of earnings. This is the amount a victim could have earned had they been able to work at their current job or had a job available that suited their condition. This is a complicated type of damage that typically requires the help of an expert economist to calculate.
Lost earnings calculations are straightforward when the victim is earning an hourly wage. A lawyer can multiply the hourly wage of a person by the number hours they did not work to calculate their total lost earnings. A person who worked employed on a salary must take into account the length of time they were unable to work, as well as their pay and benefits.
While calculating lost income is fairly straightforward, future losses are much more complicated. The lawyer will need to consider the cost of future treatment and also the costs that are reasonable in light of the condition of the victim.
In the event of seeking compensation for medical malpractice, it's essential to have a skilled lawyer by your side. At Weltchek Mallahan & Weltchek, our team can help you decide on the best way to pursue your financial recovery. Contact us today to schedule an appointment free of charge. Medical errors are a serious problem that can cause significant harm. Our legal team will analyze your case carefully and fight to get the compensation you deserve.