Types of Medical Malpractice Compensation

There are many states that have limits on the amount of damages that victims of medical malpractice are able to get. These caps usually cover specific, quantifiable losses such as medical expenses and lost wage.

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

Potential loss of earnings

If an injury caused by medical malpractice compromises your ability to earn a living, you can recover compensation for the loss of wages. It can be a challenge to prove the loss. You must demonstrate that the doctor's negligence was the direct cause of your injuries, rather than simply a result of them. This can be difficult, especially when it involves an existing condition that the medical professional did not recognize or misdiagnose.

You could be entitled to both economic and non-economic damages, based on the nature of the error. Non-economic damages are determined by the impact of the injuries on your life or life. It's not always easy to put an amount on this, so your lawyer will require expert testimony, medical Malpractice Attorneys charts, and graphs to prove the consequences of negligence.

In some instances, medical negligence can be so serious that you might be legally able to claim punitive damages. These are designed to punish the healthcare provider for outrageous actions. This kind of damage award is not as frequent, but it is possible to award it in certain circumstances, for instance when the healthcare provider acted with malice or recklessness.

Medical malpractice claims can be expensive to pursue. The costs of court filings, medical records, and other paperwork can quickly accumulate. Your lawyer may also have to engage experts to analyze your case and determine if medical professionals breached their duty to you.

Permanent Disability

Medical malpractice attorneys malpractice cases are typically complicated, with a variety of damages available. Compensation may cover costs such as future medical procedures, ongoing treatment and treatment or lost wages if an injury caused someone to miss work. It may also cover non-economic damages, like pain and suffering.

Non-economic losses can be difficult to quantify, but may include any loss in quality of life. They can also include emotional and psychological distress. The attorney representing the claimant will rely on testimony from family and friends members to help a jury to understand the impact of the accident on the victim's life.

A good NYC medical negligence lawyer will carefully review all the evidence in order to determine the value of the claim. This includes a review the medical malpractice law firms malpractice statutes of limitations, which restricts the time a plaintiff must bring a lawsuit following an accident.

The value of a claim for medical malpractice will be determined by the magnitude and severity of the injury. Settlements that are higher are reserved for more serious injuries. A doctor may have misdiagnosed cancer in the patient, which could cause death. The most severe injuries are also more likely to result in an indefinite disability, which can increase 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 a doctor's negligence. Physical pain can result on an injury to the body, for instance broken bones. It can include loss of of motion, scarring, the inability to exercise or sleep as well as loss of sexual function and other injuries that impact the quality of life of the victim.

Compensation for medical negligence can include compensation for psychological pain and suffering. Psychiatric injuries like anxiety, depression, suicidal thoughts and post-traumatic stress disorder (PTSD) can be extremely debilitating and can cause physical pain as well. In addition, the loss of mental health may affect a victim's capacity to work or maintain healthy relationships and affect their general quality of life.

Damages can be divided into two types: economic or "special" damage, which is based on measurable losses as well as non-economic or general damages, such as pain and discomfort. Non-economic damages are hard to quantify in dollars, therefore it can be difficult to determine the appropriate amount.

There are different methods for calculating the value of a pain and suffering award which includes a multiplier approach that adds up the damages for special damages and multiplies that amount by a particular amount ranging from 1.5 to 5. There are a few states that have limits on this kind of award, but judges in the majority of cases will not overturn the verdict of the jury.

Loss of future earnings

Medical malpractice victims can claim various damages including future loss of earnings. This is the amount the victim would have earned if they could work at the previous job or they were able to secure a job that suited their needs. This is a tangled piece of damage that typically requires the help of an expert economist to determine.

Lost earnings calculations are simple if the victim was working on an hourly basis. A lawyer can multiply the hourly rate of a person by the number hours they were absent to determine their total lost wages. Someone who was working on a salaried job will have to consider the amount of time they were unable to work, as well as their salary and benefits.

While the process of calculating lost earnings is fairly easy, future losses are more complex. An attorney will have to think about the cost of any future treatment, and any other costs that can reasonably be anticipated according to the victim's present situation.

When seeking compensation for medical malpractice, it is important to have a seasoned lawyer on your side. At Weltchek Mallahan & Weltchek, our team of lawyers can help you decide on the best way to pursue financial compensation. Contact us today for an appointment free of charge. Medical errors can be a major issue that can result in significant damage. Our legal team will look over your case thoroughly and fight for the compensation you deserve.