Types of Medical Malpractice Compensation
There are many states that have limits on the amount of damages that victims of medical malpractice are able to be awarded. These caps usually cover specific, quantifiable losses such as medical expenses and lost wage.
However medical malpractice cases generally involve non-economic damages like pain and suffering. The skilled attorneys at Sobo & Sobo can help you make a convincing case to claim compensation for these damages in the following areas.
Loss of Earnings Potential
You may be able to claim damages for lost wages if the injury is caused by medical negligence and affects your ability earn income. However, proving these losses is not easy. You must show that the negligence of the doctor was the direct cause of the injuries you sustained, not simply a result of them. This can be a difficult task especially when it comes to a pre-existing condition that the medical professional misdiagnosed or ignored.
You may be legally entitled to both economic and non-economic damages based on the nature of the negligence. Non-economic damages are based on the impact the injuries have affected your quality of life. Your lawyer will make use of expert testimony, charts, and graphics to illustrate the effects of negligence.
In some cases, the medical negligence may be so egregious that you may be able to be able to claim punitive damages. These damages are designed to punish the healthcare provider who has engaged in a shocking behavior. This type of damages award isn't common, but can be awarded if the healthcare provider has acted in negligence or with malice.
Medical malpractice lawsuits are costly to pursue. There are court filing fees, medical records and other documentation costs that add up quickly. Your lawyer will also have to enlist experts to review your case to determine if medical professionals have violated their obligation to you.
Permanent Disability
Medical malpractice attorneys malpractice cases are often complicated, and there are many kinds of damages that are available. Compensation may cover costs such as future medical procedures, ongoing care and treatment or wages lost if an injury caused someone to miss work. It can also cover other damages that are not economic, such as suffering and pain.
Non-economic losses are difficult to quantify in a dollar amount but they could include any diminished quality of life. They can also include emotional and psychological distress, as in addition to suffering and pain. The lawyer representing the claimant will use testimony from friends and family members to assist jurors be aware of the effects of the injury on the victim's life.
A good NYC medical malpractice lawyer will thoroughly review the evidence to determine the value of an action. This includes a look at the medical malpractice statutes of limitation that limits how long the plaintiff is required to pursue a lawsuit after an accident.
The value of a medical negligence claim will depend on the severity of the injury as well as the severity of the injury, with larger settlement amounts being reserved for more severe injuries. A doctor may have misdiagnosed cancer in the patient, which could cause death. The most serious injuries are also more likely to cause permanent disability, which increases the cost of the claim.
Suffering and Pain
Victims of medical malpractice can also seek compensation for the physical pain they've experienced as a consequence of the negligence of a medical professional. Physical pain can be based on an injury to the body, such as broken bones. This can include loss of range of motion, scarring; the inability to exercise or sleep as well as loss of sexual function and other injuries that reduce the quality of life for the victim.
The psychological pain and suffering of patients can also be a component of the compensation given to victims of medical negligence. The psychological injuries that result from them, such as depression, anxiety, thoughts of suicide, and post-traumatic disorder (PTSD) are often 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 are generally separated into two categories one being economic or "special" damages that are based upon tangible financial losses and general "non-economic" damages such as suffering and pain. Non-economic damages are hard to quantify in dollars, and so it can be difficult to determine the appropriate amount.
There are many ways to determine the value of an award for pain and suffering, including using a multiplier. This method adds all special damages together, and then multiply this number by a specified amount between 1.5 and 5. Certain states have caps on these kinds of awards, however in the majority of instances, judges cannot overturn the decision of a jury.
Future earnings loss
Medical malpractice victims can claim various damages, including loss of future earnings. This is the amount that a victim could have earned if employed at their old job or had a job available that would have been suitable for their condition. This is a complicated type of damage that typically requires the help of an expert economist to calculate.
Lost earnings calculations are simple in the event that the victim earned on an hourly basis. A lawyer can multiply the hourly wage of a person by the number of hours they did not work to calculate their total lost earnings. A person who worked employed as a salaried worker will have to take into account the length of time that they were unable to work as well as their salary and benefits.
Calculating lost income is relatively simple, however future losses could be more complex. The attorney must take into consideration the cost of treatment in the future and expenses which are reasonably expected due to the condition of the patient.
In the event of seeking compensation for medical malpractice, it is important to have a seasoned lawyer by your side. Our team at Weltchek Mallahan & Weltchek can assist you in determining how you can best pursue financial recovery. Contact us today for a free consultation. Medical mistakes can be a serious problem that can cause significant damage. Our legal team is prepared to take a thorough look at your case and fight for the maximum compensation that you deserve.