Types of Medical Malpractice Compensation

Many states cap the amount of damages that a victim of medical malpractice can be awarded. These caps usually cover specific, measurable losses such as medical bills or lost wages.

Medical malpractice cases typically result in non-economic damages, like suffering and pain. The experienced attorneys at Sobo & Sobo can help you make a convincing case for compensation for these injuries in the following areas.

Loss of Earnings Potential

If an injury caused by medical malpractice hinders your ability to earn income You can seek damages for the loss of earnings. It isn't easy to prove these losses. You must prove the negligence of the doctor caused your injuries directly and not just indirectly. This can be a challenge especially if the doctor did not recognize or treat a pre-existing medical condition.

You could be legally entitled to both economic and non-economic damages, based on the type of negligence. Non-economic damages are based on the impact the injuries have had on your quality of life. Your lawyer will employ expert testimony graphs, charts, and other graphics to demonstrate the consequences of negligence.

In some cases medical negligence is so egregious you may be able to claim punitive damage. These are designed to punish the healthcare provider for outrageous actions. This type of damages award is not uncommon, but it could be awarded when a healthcare provider is guilty of malice or irresponsibility.

Medical malpractice cases are costly to pursue. There are court filing fees, medical records and other costs for documentation which can quickly add up. Your lawyer must select experts to examine your case to determine whether medical professionals have acted in violation of their duty of care towards you.

Permanent Disability

Medical malpractice cases are often complicated, with a variety of damages that are available. Compensation is for costs like expected future medical procedures, ongoing treatment or care, and lost wages if the accident causes the person to miss work. It can also cover non-economic damages like pain and discomfort.

Non-economic losses are difficult to quantify in a dollar amount but they may include any loss in quality of life. They can also include suffering and pain, emotional and psychological stress. The attorney representing the claimant will rely on testimony from family members and friends members to assist jurors comprehend the impact of the injury on the victim's life.

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

The value of a medical malpractice claim will depend on the severity of the incident as well as the severity of the injury, with larger settlement amounts tend to be reserved for more severe injuries. For instance, a doctor might have mistakenly diagnosed a patient with a condition like cancer, which could be life-threatening. The most serious injuries are more likely to result in permanent disability. This increases the cost of an insurance claim.

Suffering and Pain

Patients who have suffered from medical malpractice can also seek compensation for the physical pain they've suffered as a consequence of a doctor’s negligence. Physical pain can result on an injury to the body, like fractured bones, and may include loss of of motion; scarring; the inability to exercise or sleep as well as loss of sexual function; and other injuries that diminish the victim's quality of life.

Pain and suffering from psychological causes can also be a component of the compensation offered to victims of medical negligence. Psychiatric injuries such as depression, anxiety thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. The loss of mental health may also affect a victim's capacity to work and maintain healthy relationships and their overall quality.

Damages are usually divided into two categories one being economic or "special" damages which are based on quantifiable financial losses, and general or "non-economic" damages such as suffering and pain. It isn't easy to determine an appropriate amount for non-economic damages as they are not easily quantified in dollars.

There are a variety of ways to calculate the value of an award for pain and suffering, for instance using a multiplier. This method adds all special damages together, and then multiplies that number by a set amount that is between 1.5 and 5. Certain states have limits on this kind of award, however judges in most cases will not uphold the verdict of a jury.

Loss of Future Earnings

medical malpractice attorneys negligence victims are entitled to various damages, including loss of future earnings. This includes the amount the victim would have earned had they been able to work at the previous job or if they were able to find an opportunity that was suited to their limitations. This is a tangled piece of damage that usually requires the assistance of an expert economist to calculate.

Lost earnings calculations are simple when the victim is earning an hourly wage. An attorney can multiply an individual's hourly rate by the number of hours they did not work to find their total lost earnings. An individual who was employed on a salary will have to consider the length of time that they were not able to work, as well as their salary and benefits.

Calculating lost income is relatively simple, but the future loss can be more complex. The attorney must consider the cost of treatment in the future and also the costs that can be reasonably anticipated in light of the condition of the victim.

It is essential to have a lawyer with experience on your side when seeking compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can help you determine how to most effectively pursue your financial recovery. Contact us today to schedule an initial consultation for free. Medical errors can be a grave issue that can cause significant damage. Our legal team will examine your case in detail and fight for the compensation you deserve.