Types of Medical Malpractice Compensation

Some states limit the amount of damages that a victim of medical malpractice may be awarded. The caps usually only cover specific, measurable losses such as medical bills and lost wage.

However medical malpractice cases usually include non-economic damages such as suffering and pain. The experienced attorneys at Sobo & Sobo can help you build a strong case to claim compensation for these damages in the following areas.

Potential loss of earnings

If the injury caused by medical malpractice compromises your ability to earn income you may be able to claim compensation for lost earnings. It isn't easy to prove the loss. You must demonstrate that the doctor's negligence was the direct cause of your injuries, and not simply related to them. This can be difficult especially if the doctor failed to recognize or treated an existing medical condition.

You may be legally entitled to both economic and non-economic damages depending on the nature of the error. Non-economic damages are based on the effect the injuries have had on your quality of life. It's not always easy to put an amount on this, so your attorney must use expert testimony, charts and graphs to demonstrate the effects of the negligence.

In certain instances medical negligence can be so egregious you may be eligible to claim punitive damages. These damages are intended to penalize the healthcare provider who acted in an outrageous manner. actions. This kind of damages award isn't uncommon, but it could be awarded if the healthcare provider has acted with recklessness or malice.

Medical malpractice claims are expensive to pursue. The cost of court filings, medical records and other documentation can quickly become costly. Your lawyer will have to 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 can be complex and can result in a variety of damages. Compensation covers costs such as the anticipated future medical procedures, any ongoing treatment or care, and lost wages if the accident causes the person to miss work. It can also cover other damages that are not economic, such as pain and suffering.

Non-economic damages are harder to quantify in a dollar amount, however, they can include any decrease in the quality of life. They can also cover emotional and psychological distress, as well as pain and suffering. The claimant's attorney will use testimony from family members and friends members to help jurors comprehend the impact of the injury on the victim's life.

A good NYC medical malpractice law firms negligence lawyer will thoroughly review all evidence to determine the claim's value. This includes a thorough review of the medical malpractice statutes of limitations which restricts the time the plaintiff is required to bring a lawsuit following an accident.

The value of a claim based on medical malpractice attorney malpractice will be determined by the extent and severity of the injury. Higher settlement amounts are reserved for more serious injuries. A doctor may have missed a diagnosis of cancer in an individual patient, which could cause death. The most serious injuries are more likely to lead to permanent disability. This can increase the cost of an insurance claim.

Pain and Suffering

Medical malpractice victims may also seek compensation for the physical pain they have suffered as a result of the negligence of a doctor. Physical pain can be based on an injury to the body, for instance fractured bones, and may include loss of range of motion; scarring; the inability to exercise or sleep; loss of sexual function; and other injuries that diminish the victim's quality of life.

The compensation for medical malpractice could include compensation for psychological pain and suffering. Psychological injuries such as anxiety, depression, suicidal thoughts and post-traumatic stress disorder (PTSD) can be incredibly debilitating and can cause physical pain as well. The loss of mental health may also affect a person's capacity to work and maintain healthy relationships and overall quality of life.

Damages are generally classified into two categories which are economic or "special" damages that are based on quantifiable financial losses, and general or "non-economic" damages like pain and suffering. It isn't easy to determine an appropriate amount for non-economic damages because they are not easily quantifiable in dollars.

There are various methods for making a determination of the value of an award for pain and loss including using a multiplier method, which adds up all damages that are specific and multiplies the result by a specific amount ranging from 1.5 to 5. Some states have caps on these kinds of awards, but in the majority of instances, judges cannot overturn a jury's decision.

Loss of Future Earnings

Medical accident victims are entitled to various damages, including loss of future earnings. This includes the amount a victim would have earned if they could work at their previous job, or if they were able to secure a job that suited their physical limitations. This is a nitty-gritty type of damage and usually requires expert economists to calculate.

Calculating lost earnings is straightforward when the victim earns an hourly rate. An attorney can multiply a person's hourly rate by number of hours they missed from work to find the total amount of lost wages. An individual who was employed on a salary will have to take into account the length of time that they were not able to work, as well as their pay and benefits.

The process of calculating lost income is straightforward, but future losses could be more complex. An attorney will need to think about the cost of any future treatment, and any other costs that are reasonably anticipated in light of the victim's current state of health.

It is important to have a lawyer with experience to assist you in pursuing compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can help you determine how to best pursue your financial recovery. Contact us today to set up a free consultation. Medical errors can be a grave problem that can cause significant damage. Our legal team is prepared to take a closer look at your case and fight for the full settlement you deserve.