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, tangible losses such as medical bills or lost wages.

Medical malpractice cases typically include non-economic damages such as pain and suffering. The experienced lawyers at Sobo & Sobo can help you build a strong case to recover compensation for these losses in the following areas.

Potential loss of earnings

You may claim compensation for lost earnings if the injury was caused by medical negligence and affects your ability to earn income. However, proving these losses can be challenging. You must prove that the medical professional's negligence caused your injuries directly and not only indirectly. This can be difficult, especially when it involves an existing condition that the medical professional failed to recognize or misdiagnose.

You may be eligible for both economic and non-economic damages, based on the nature of the mistake. Non-economic damages are based on the impact the injuries have affected your quality of life. It's difficult to place an amount on this, which is why your lawyer will need to use expert testimony, charts, and graphs to show the effect of the negligence.

In certain instances medical negligence can be so grave that you could be able to claim punitive damage. These are intended to penalize the healthcare provider for his or her outrageous conduct. This kind of damages award isn't often seen, but it may be awarded if the healthcare provider has acted in malice or irresponsibility.

Medical malpractice claims can be costly to pursue. There are court filing fees, medical records, and other costs for documentation which can quickly add up. Your lawyer will also have to employ experts to look over your case to determine if medical professionals acted in breach of their obligations to you.

Permanent Disability

Medical malpractice cases can be a bit complicated and involve many different types of damages. Compensation can cover expenses such as future medical procedures, ongoing care and treatment or lost wages in the event of an injury that caused someone to be unable to work. It may also cover other damages that are not economic, such as suffering and pain.

Non-economic damages are more difficult to quantify in a dollar amount, but they can be a loss in quality of life. They can also cover emotional and psychological distress as well as suffering and pain. The lawyer representing the claimant will use testimony from family members and friends members to help jurors understand the impact of the accident on the victim's life.

A reputable NYC medical malpractice lawyer will scrutinize the evidence to determine the worth of an action. This includes a thorough review of the medical malpractice statute of limitations which imposes a time limit on the length of time that after an accident a plaintiff can pursue a lawsuit.

The value of a medical malpractice law firm malpractice claim will depend on the severity of the incident and the amount of settlement being reserved for more severe injuries. A doctor may have misdiagnosed cancer in an individual patient, which could cause death. The most serious injuries are more likely to cause an indefinite disability. This can raise the cost of an insurance claim.

Pain and Suffering

Medical malpractice victims can also seek compensation for the physical pain they have experienced as a result of a doctor's negligence. Physical pain may result from an injury, like broken bones and may also result in scarring or the inability to sleep or exercise or exercise, loss of sexual function and other injuries that affect the victim's life quality.

Compensation for medical malpractice can include compensation for psychological pain and suffering. The psychological injuries that result from them, such as anxiety, depression and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. In addition the loss of mental health can affect a person's ability to work or maintain healthy relationships, and impact their overall quality of life.

Damages are generally classified into two categories: economic or "special" damages that are based upon tangible financial losses and general or "non-economic" damages, such as suffering and pain. It isn't easy to determine the appropriate amount for non-economic damages because they are not easily quantified in dollars.

There are different methods for in calculating the value of the pain and suffering award including a multiplier technique that adds the damages for special damages and multiplies the result by a specific amount ranging from 1.5 to 5. Certain states have caps on these types of awards, however in most cases, judges will not overturn the jury's decision.

Loss of Future Earnings

Medical malpractice victims can claim a wide variety of damages which include future loss of earnings. This is the amount a victim could earn if they had been employed at their previous job, or if a job accessible to them that was suited to their condition. This is a nitty-gritty type of damage that often requires expert economists to calculate.

Lost earnings calculations are straightforward for those who earn at an hourly rate. A lawyer can multiply the hourly rate of a person by the number of hours they did not work to calculate their total lost wage. If you are on a salary, you will need to consider the time that you were not able to work along with your salary and benefits.

The process of calculating lost income is fairly simple, however future losses may be more complex. A lawyer must take into account the cost of any future treatment, in addition to any costs that can reasonably be anticipated according to the victim's present condition.

If you are 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 determine the best method to pursue financial compensation. Contact us today to schedule an appointment free of charge. Medical errors are a grave issue that can cause serious damage. Our legal team will examine your case carefully and fight for the compensation you deserve.