Types of Medical Malpractice Compensation
A number of states have limits on the amount of damages an individual victim of medical malpractice may get. These caps typically cover specific, quantifiable losses like medical bills and lost wages.
Medical malpractice cases usually include non-economic damages such as suffering and pain. The experienced lawyers at Sobo & Sobo can help you establish a strong case for compensation for these injuries in the following areas.
Potencial loss of earnings
You can seek damages for lost earnings if the injury was caused by medical negligence and affects your ability to earn income. It isn't easy to prove these losses. It is essential to prove that the negligence of your doctor caused your injuries directly and not only indirectly. This can be difficult, especially if the doctor did not recognize or treat a pre-existing medical condition.
In the event of medical malpractice, you may be entitled to non-economic damages in addition to economic damages. Non-economic damages are determined by the impact of the injuries on your quality of life or life. Your attorney will make use of expert testimony charts, graphs, and graphs to demonstrate the consequences of negligence.
In some instances the medical negligence could be so egregious that you may be able to be able to claim punitive damages. They are designed to penalize the healthcare provider for his or her outrageous conduct. This kind of damages award is not often seen, but it may be awarded if the healthcare provider is guilty of negligence or with malice.
Medical malpractice lawsuits are costly to pursue. The cost of court filings, medical malpractice law firm records, and other records can quickly increase. Your lawyer will also have to engage experts to analyze your case and determine whether medical professionals violated their duty to you.
Permanent Disability
Medical malpractice cases can be a bit complicated and can involve a variety of types of damages. Compensation can cover expenses like future medical procedures, ongoing medical treatment as well as lost wages if an injury caused the person to be off work. It also covers non-economic losses like pain and discomfort.
Non-economic damages are difficult to quantify, but they could be a result of any decline in quality of life. They can also include pain and suffering, emotional and psychological stress. The attorney representing the claimant will rely on testimony from family members and friends members to assist jurors understand the impact of the accident on the victim's life.
A reputable NYC medical negligence lawyer will take the time to review every piece of evidence to determine the value of the claim. This includes a review of the medical malpractice statute of limitations, which sets a limit to the length of time that after an accident the plaintiff is allowed to bring a lawsuit.
The value of a Medical malpractice law firm negligence claim will be determined by the severity of the accident, with higher settlement amounts typically reserved for more serious injuries. A doctor might have misdiagnosed cancer in the patient, which could cause death. The most serious injuries are more likely to cause an indefinite disability. This will increase the cost of an insurance claim.
Pain and Suffering
Patients who suffer from medical malpractice can seek compensation for the physical pain they have experienced as a result of the negligence of a physician. Physical pain can result on an injury to the body, such as fractured bones, and may include loss of range of motion, scarring; the inability to exercise or sleep as well as loss of sexual function; and other injuries that affect the quality of life for the victim.
The psychological pain and suffering of patients is also a part of the compensation given to victims of medical malpractice. Psychiatric injuries, such as anxiety suicidal thoughts, depression, 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 may also affect a person's ability to maintain healthy relationships, and impact their general quality of life.
Damages are usually divided into two categories which are economic or "special" damages that are based upon calculable financial losses and general "non-economic" damages like pain and suffering. It can be difficult to establish the appropriate amount for non-economic losses because they aren't easily quantified in dollars.
There are various methods for formulating the value of the pain and suffering award including using a multiplier method, which adds up all damages that are special and multiplies the result by a specified amount that ranges from 1.5 to 5. Certain states have caps on these types of awards, however in most cases, judges will not overturn a jury's decision.
Loss of Future Earnings
Medical accident victims are entitled to a variety of damages including future earnings loss. This is the amount the victim would have earned if they were able to work at the previous job or if they were able to secure an opportunity that was suited to their needs. This is a very complex type of damage and usually requires experts in economics to determine.
Loss earnings calculations are straightforward when the victim is earning on an hourly basis. An attorney can multiply an individual's hourly wage by the number of hours they did not work to find their total lost earnings. A person who worked employed as a salaried worker will need to take into account the length of time they were not able to work, as well as their pay and benefits.
The process of calculating lost income is simple, but future losses could be more complicated. An attorney will have to take into account the cost of any treatment that is to be planned in the future, as well as any costs that can reasonably be anticipated in light of the victim's current condition.
When seeking compensation for medical malpractice, it is important to have a seasoned lawyer by your side. Our team at Weltchek Mallahan & Weltchek can help you determine how to most effectively pursue financial compensation. Contact us today to schedule an appointment for a no-cost consultation. Medical errors can be a grave issue that could cause serious damage. Our legal team will look over your case in detail and fight to get the compensation you deserve.