Types of Medical Malpractice Compensation
Some states limit the amount of damages that a victim of
medical malpractice lawsuit negligence can be awarded. These caps typically cover specific, quantifiable losses, such as the cost of medical bills and lost wages.
However, medical malpractice cases often have non-economic consequences, such as pain and suffering. The skilled attorneys at Sobo & Sobo can help you build a strong case to recover compensation for these losses in the following areas.
Loss of Earnings Potential
If an injury that is the result of medical negligence affects your capacity to earn a living you can claim compensation for lost earnings. However, proving these losses isn't easy. You must demonstrate that the doctor's negligence was a direct cause of your injuries, not being merely related to them. This can be difficult especially if the doctor did not recognize or treat the presence of a medical condition prior to it.
You may be legally entitled to both economic and non-economic damages based on the nature of the malpractice. Non-economic damages are based on the effect the injuries have had on your quality of life. Your attorney will utilize expert testimony as well as charts and graphs to show the impact of negligence.
In some cases, medical negligence can be so serious that you might be legally able to claim punitive damages. These are meant to punish the healthcare provider who has committed a blatant act of behaviour. This type of damages award is not typical, but it can be awarded when a healthcare provider has acted with malice or irresponsibility.
Medical malpractice
lawsuits are costly to pursue. The costs of court filings, medical records, and other records can quickly become costly. Your lawyer will need to select experts to examine your case to determine whether medical professionals have breached their duty of care towards you.
Permanent Disability
medical malpractice lawyers malpractice cases can be complicated, with a variety of damages that are available. Compensation can cover costs like future medical procedures, ongoing care and treatment or wages lost if an injury caused someone to miss work. It can also include non-economic damages, such as suffering and pain.
Non-economic damages are more difficult to quantify in terms of a dollar amount, but they can be a decrease in the quality of life. They can also cover emotional and psychological distress, as also pain and suffering. The lawyer representing the claimant will use testimony from family members and friends members to help a jury to understand the impact of the injury on the victim's life.
A reputable NYC medical negligence lawyer will take the time to review every piece of evidence to determine the claim's value. This includes a review of the medical malpractice statute of limitations which sets a time limit on the length of time that after an accident an individual plaintiff can file a lawsuit.
The value of a claim based on medical malpractice will be determined by the extent and severity of the damage. A higher settlement amount is reserved for more serious injuries. For instance, a medical professional may have erroneously diagnosed an individual suffering from a condition such as cancer, which could be life-threatening. The most serious injuries are also more likely to cause an indefinite disability, which raises the cost of the claim.
Pain and Suffering
Patients who have suffered from medical malpractice can also seek compensation for physical pain they've felt due to a doctor’s negligence. Physical pain can be caused by an injury, such as fractured bones, and can include scarring or the inability to sleep or exercise, loss of sexual function, and other injuries affecting the victim's life quality.
Psychological pain and suffering can also be a part of the compensation given to victims of medical negligence. Psychological injuries such as anxiety, depression, suicidal thoughts and post-traumatic stress disorder (PTSD) can be extremely physically and mentally limiting, and can trigger physical pain as well. Additionally the loss of mental health can also impact a victim's ability to work or maintain healthy relationships, and impact their overall quality of life.
Damages are usually divided into two categories one being economic or "special" damages that are based on calculable financial losses and general "non-economic" damages, such as suffering and pain. It isn't always easy to determine a fair amount for non-economic losses because they are not easily quantifiable in dollars.
There are different methods for formulating the value of the pain and suffering award including a multiplier technique that adds up all special damages and then multiplies that amount by a particular amount ranging from 1.5 to 5. There are some states that have caps on this type of award, but judges in most cases are not able to overturn the jury's decision.
Loss of future earnings
Medical malpractice victims can recover various damages including future loss of earnings. This covers the amount that the victim would have earned if they were able to work at their previous job, or if they were able to find the job that would be suitable for their needs. This is a complex item of damage that often requires experts in economics to determine.
Loss earnings calculations are straightforward if the victim was working at an hourly rate. A lawyer can multiply the hourly rate of a worker by the number hours they missed to calculate their total lost wage. If you earned a salary, you will have to consider the period that you were unable to work, in addition to your pay and benefits.
While the calculation of lost income is quite straightforward, future losses are much more complicated. The attorney must take into consideration the cost of treatment in the future and expenses which are reasonably expected based on a victim's condition.
In the event of seeking compensation for medical malpractice, it is crucial to have an experienced lawyer by your side. At Weltchek Mallahan & Weltchek, our team of lawyers can help you decide on the best way to pursue your financial recovery. Contact us today to set up an appointment free of charge. Medical errors are a major issue that can cause a lot of damage. Our legal team will look over your case thoroughly and fight for the compensation you deserve.