Types of Medical Malpractice Compensation

Many states cap the amount of damages that a victim of medical malpractice may be awarded. These caps typically cover specific, tangible losses such as medical bills or lost wage.

However medical malpractice cases typically involve non-economic damages like pain and suffering. The experienced lawyers at Sobo & Sobo will help you develop a claim for compensation in the following areas.

Loss of Earnings Potencial

You can claim damages for lost wages if the injury is caused by medical malpractice attorneys malpractice and affects your ability to earn income. However, proving the loss isn't easy. It is essential to prove that the medical professional's negligence caused your injuries directly, and not only indirectly. This can be challenging especially if the doctor did not recognize or treat an existing medical condition.

Based on the nature of Medical Malpractice attorneys malpractice, you could be entitled to non-economic damages as well as economic damages. Non-economic damages are based on the impact the injuries have had on your life quality. Your lawyer will utilize expert testimony as well as charts and graphs to demonstrate the consequences of negligence.

In some instances the medical negligence could be so egregious that you may be able to be able to claim punitive damages. These damages are designed to punish the healthcare professional who has engaged in outrageous conduct. This kind of damage award is not as widespread, but it can be awarded in certain situations, including instances where the healthcare provider acted in reckless or malicious ways.

Medical malpractice claims can be costly to pursue. The costs of court filings, medical records, and other paperwork can quickly accumulate. Your lawyer may also have to enlist experts to review your case to determine if medical professionals acted in breach of their obligations to you.

Permanent Disability

Medical malpractice cases can be complex and can involve a variety of types of damages. 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 may also cover other damages that are not economic, such as pain and suffering.

Non-economic damages are difficult to quantify, but may include any decrease in the quality of life. They can also cover emotional and psychological distress as well as suffering and pain. The claimant's lawyer will use the testimony of family and friends to help jurors comprehend what impact the injury had on the victim's daily life.

A good NYC medical malpractice lawyer will thoroughly review the evidence to determine the value of a claim. This includes a look at the medical malpractice statutes of limitation that restricts the time a plaintiff can make a claim following an accident.

The value of a claim for medical malpractice will be determined by the severity and extent of the injury. Higher settlement amounts are reserved for more serious injuries. For instance, a physician 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 an indefinite disability. This can increase the cost of an insurance claim.

Pain and Suffering

Victims of medical malpractice can also seek compensation for the physical pain they've experienced as a consequence of the negligence of a doctor. Physical pain may be based on an injury to the body, like broken bones, and can include loss of range of motion, scarring, the inability to exercise or sleep and sexual dysfunction; and other injuries that impact the victim's quality of life.

Medical malpractice compensation can include compensation for psychological pain and suffering. Psychiatric injuries, such as anxiety depression, suicidal phobia, and post-traumatic stress disorder (PTSD) can be incredibly painful and cause physical pain as well. Additionally, the loss of mental health may also impact a victim's ability to work or maintain healthy relationships and affect their general quality of life.

Damages are generally separated into two categories which are economic or "special" damages, which are based on tangible financial losses and general or "non-economic" damages like pain and suffering. It isn't easy to determine a fair amount for non-economic losses because they aren't easily quantified in dollars.

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

Loss of Future Earnings

Medical accident victims are entitled to a variety of damages including loss of future earnings. This is the amount the victim could have earned if they were able to work at their previous job or if they were able to secure a job that suited their physical limitations. This is a complicated type of damage that typically requires the assistance of an expert economist to determine.

Calculating lost earnings is easy in the event that the victim earned an hourly rate. An attorney can multiply an individual's hourly rate by the number of hours they were absent from work to find the total amount of lost wages. An individual who was in a salaried position will have to take into account the length of time that they were unable to work, as well as their salary and benefits.

While the process of calculating lost income is relatively simple, future losses are much more complicated. An attorney will have to think about the cost of any future treatment, as well as any costs that are reasonably anticipated in light of the patient's current state of health.

It is important to have a lawyer with experience on your side when you are seeking compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can assist you in determining the best way to most effectively pursue your financial recovery. Contact us today to schedule an appointment free of charge. Medical mistakes can be a serious issue that could cause serious damage. Our legal team will review your case with care and fight for the compensation you deserve.