Types of Medical Malpractice Compensation

A number of states have limits on the amount of damages that the victim of medical malpractice can get. The caps typically only cover specific, quantifiable losses, such as the cost of medical bills and lost wages.

However medical malpractice cases generally involve non-economic damages like suffering and pain. The experienced attorneys at Sobo & Sobo can help you establish a strong case to claim compensation for these damages in the following areas.

Potencial loss of earnings

You can claim damages for lost wages if the injury is caused by medical negligence and impairs your ability to earn income. However, proving these losses can be challenging. You must prove the medical professional's negligence caused your injuries directly and not only indirectly. This can be difficult especially if the doctor failed to diagnose or omit a pre-existing medical condition.

Depending on the kind of medical malpractice, you may be entitled to non-economic damages as well as economic damages. Non-economic damages are determined by the impact of the injuries on your quality of life or your life. Your lawyer will use expert testimony, charts, and graphics to demonstrate the impact of negligence.

In certain instances the medical malpractice attorneys error could be so egregious that you could claim punitive damages. These damages are designed to punish the healthcare provider who has engaged in outrageous behavior. This type of damage award isn't as widespread, but it can be awarded in certain circumstances, such as when the healthcare provider has acted with recklessness or malice.

Medical malpractice claims can be costly to pursue. The cost of court filings, medical records, and other documentation can quickly add up. Your lawyer may 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 very complex and involve various types of damages. Compensation can cover expenses like future medical procedures, ongoing medical treatment or wages lost in the event that an injury caused the person to be off work. It can also include non-economic damages, like pain and suffering.

Non-economic damages are difficult to quantify, but can include any reduction in the quality of life. They can also be a result of suffering and pain, as well as emotional and psychological distress. The lawyer of the claimant will utilize the testimony of family members and friends to assist jurors in understanding the impact the injury has had on the victim's daily life.

A good NYC medical malpractice lawyer will scrutinize the evidence to determine the worth of a claim. This includes a look at the medical malpractice statutes of limitations which determines the length of time the plaintiff is required to make a claim following an accident.

The value of a claim based on medical malpractice will be determined by the extent and severity of the injury. A higher settlement amount is reserved for more serious injuries. For example, a doctor might have mistakenly diagnosed the patient with a disease like cancer, which could be life-threatening. The most serious injuries are also more likely to cause a permanent disability, which will increase the cost of the claim.

Pain and Suffering

Victims of medical malpractice can also seek compensation for the physical pain they've felt due to the negligence of a medical professional. Physical pain can be caused by an injury, like broken bones and can also cause scarring or the inability to sleep or exercise, loss of sexual function, and other injuries affecting the quality of life of the victim.

Psychological pain and suffering could also be a component of the compensation given to victims of medical malpractice attorneys negligence. Psychological injuries like depression, anxiety and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. Additionally, the loss of mental health can also impact a victim's ability to maintain healthy relationships, and impact their general quality of life.

Damages are generally classified into two categories that are: economic or "special" damages, which are based on tangible financial losses as well as general or "non-economic" damages such as suffering and pain. It isn't always easy to determine an appropriate amount for non-economic damages since they aren't easily quantifiable in dollars.

There are many ways to calculate the value of an award for pain and suffering, for instance using a multiplier. This method adds all damages that are special together, and then multiply this number by a certain amount that is between 1.5 and 5. Certain states have caps on these kinds of awards, however in the majority of instances, judges won't overturn the decision of a jury.

Loss of Future Earnings

Medical malpractice victims are able to recover various damages which include future loss of earnings. This covers the amount that the victim could have earned if they could work at their previous job, or if they were able to find an employment that was suitable for their limitations. This is a complex type of damage that usually requires the help of an expert economist to calculate.

Calculating lost earnings is simple for those who earn an hourly wage. A lawyer can multiply the hourly rate of a worker by the number hours they missed to determine their total lost wages. Someone who was working on a salaried job will need to consider the amount of time they were not able to work as well as their pay and benefits.

The process of calculating lost income is simple, but the future loss can be more complex. An attorney will need to consider the cost of any treatment that is to be planned in the future, and also any expenses that can reasonably be anticipated according to the victim's present condition.

When seeking compensation for medical malpractice, it is essential to have a skilled lawyer on your side. At Weltchek Mallahan & Weltchek, our team can help you determine the best way to pursue your financial recovery. Contact us today to set up an appointment free of charge. Medical errors are a major problem that can cause significant damage. Our legal team is prepared to take a thorough look at your case and fight for the full amount of compensation you deserve.