Types of Medical Malpractice Compensation

Some states limit the amount of damages a victim of medical malpractice can get. These caps typically cover only measurable, specific losses such as the cost of medical bills and lost wages.

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

Potential loss of earnings

You can seek damages for lost wages if the injury is caused by medical negligence and affects your ability to earn income. However, proving these losses can be challenging. It is essential to prove that the negligence of your doctor caused your injuries directly and not just indirectly. This can be difficult especially when it comes to an existing condition that the medical professional misdiagnosed or ignored.

You may be entitled to both non-economic damages depending on the nature of the mistake. Non-economic damages are determined by the effect of the injuries on your quality of life or your life. It's difficult to place an amount of money on this, which is why your lawyer will need to use expert testimony, charts, and graphs to demonstrate the effects of the negligence.

In certain instances, medical negligence can be so severe that you are capable of claiming punitive damages. These are meant to punish the healthcare provider for outrageous behaviour. This type of damage award isn't so common, however it can be awarded in certain instances, such as instances where the healthcare provider acted with malice or recklessness.

medical malpractice attorney malpractice claims can be expensive to pursue. The costs of court filings, medical records, and other records can quickly become costly. Your lawyer may also have to engage experts to analyze your case and determine if medical professionals acted in breach of their obligations to you.

Permanent Disability

medical Malpractice attorneys malpractice cases can be complicated and can involve a variety of types of damages. Compensation may cover costs such as future medical procedures, ongoing treatment and treatment or wages lost when an injury has caused someone to miss work. It also covers non-economic damages like pain and discomfort.

The non-economic damage is harder to quantify in a dollar amount, however, they can include any loss in quality of life. They may also include emotional and psychological distress. The claimant's lawyer will use the testimony of family members and friends to help jurors comprehend the impact the injury has affected the victim's daily life.

A good NYC medical malpractice lawsuit negligence lawyer will carefully review all the evidence to determine the worth of the claim. This includes reviewing the medical malpractice statutes of limitations, which stipulates the time frame for which a plaintiff must make a claim following an accident.

The value of a claim based on medical malpractice will depend on the magnitude and severity of the injury. The larger settlement amounts are reserved for more serious injuries. For instance, a physician may have misdiagnosed an individual suffering from a condition like cancer, which can be life-threatening. The most severe injuries are also more likely to cause an indefinite disability, which increases 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 result on an injury to the body, such as broken bones. This can include loss of range of motion, scarring; the inability to exercise or sleep or sleep; loss of sexual function; and other injuries that impact the quality of life for the victim.

Compensation for medical malpractice can include compensation for psychological pain and suffering. Mental health issues such as anxiety, depression, suicidal ideas, and post-traumatic stress disorder (PTSD) can be incredibly physically and mentally limiting, and can trigger physical pain as well. Additionally, the loss of mental health may affect a person's ability to maintain healthy relationships, and impact their general quality of life.

Damages can be divided into two categories: economic or "special" damage, which is based upon the possibility of calculable losses as well as non-economic or general damages, like pain and discomfort. Non-economic damages are difficult to quantify in dollars, which is why it can be difficult to determine the appropriate amount.

There are many methods of making a determination of the value of a pain and suffering award such as using a multiplier method that adds the damages for special damages and multiplies the number by a specific amount ranging from 1.5 to 5. Certain states have limits on this kind of award, but judges in the majority of cases are not able to overturn the verdict of the jury.

Loss of Future Earnings

Medical malpractice victims can claim many different damages which include future loss of earnings. This is the amount a victim could earn if they had been able to work at their previous job, or had a job accessible to them that was suited to their condition. This is a complex type of damage that typically requires the assistance of an expert economist to calculate.

Calculating lost earnings is simple when the victim earns an hourly wage. A lawyer can multiply the hourly rate of a person by the number hours they did not work to calculate their lost wage. If a person was employed in a salaried position will need to consider the length of time they were not able to work, as well as their pay and benefits.

While the process of calculating lost earnings is fairly simple, future losses are more complex. An attorney must consider the cost of any treatment that is to be planned in the future, as well as any costs that can reasonably be anticipated in light of the patient's current condition.

When pursuing compensation for medical malpractice, it's important to have an experienced lawyer by your side. At Weltchek Mallahan & Weltchek, our team of lawyers can help you determine the best approach to pursue financial compensation. Contact us today for an appointment free of charge. Medical errors are a grave problem that could cause severe damage. Our legal team will look over your case carefully and fight to get the compensation you deserve.