Types of Medical Malpractice Compensation

Some states have limits on the amount of damages that an individual victim of medical malpractice may claim. These caps usually cover only specific, measurable losses such as medical bills or lost wages.

Medical malpractice attorneys malpractice cases can often result in non-economic damages, like suffering and pain. The skilled attorneys at Sobo & Sobo will help you establish a case for compensation in the following areas.

Potential loss of earnings

You can claim damages for lost wages if the injury is caused by medical negligence and affects your ability earn income. However, proving the loss is not easy. You must prove that the doctor's error was the primary cause of your injuries, rather than simply related to them. This isn't easy particularly when it is involving a pre-existing condition that the medical professional misdiagnosed or ignored.

You may be entitled to both non-economic damages, based on the type of mistake. Non-economic damages are based on the effect the injuries have affected your life quality. It's difficult to place the value of this, and your attorney must use expert evidence, charts and graphs to prove the consequences of the negligence.

In some cases medical negligence can be so severe that you are able to claim punitive damage. These damages are designed to penalize the healthcare provider who has engaged in outrageous behaviour. This kind of damage award is not so common, however it can be awarded in certain instances, such as instances where the healthcare provider acted with recklessness or malice.

Medical malpractice claims are expensive to pursue. The cost of court filings, medical records and other documents can quickly increase. Your lawyer will also have to engage experts to analyze your case to determine if medical professionals violated their duty to you.

Permanent Disability

Medical malpractice cases are typically complex, with many types of damages that are available. Compensation is for costs like expected future medical procedures, ongoing medical malpractice lawyer treatment or care, and lost earnings if an injury causes someone to miss work. It can also include non-economic damages like suffering and pain.

Non-economic damages are difficult to quantify, but can include any loss in quality of life. They can also be a result of pain and suffering, emotional and psychological distress. The lawyer for the claimant will use the testimony of family members and friends to assist jurors in understanding how the injury caused on the victim's daily life.

A reputable NYC medical negligence lawyer will thoroughly review all the evidence in order to determine the value of the claim. This includes a thorough review of the medical malpractice statutes of limitation that restricts the time a plaintiff has to make a claim following an accident.

The value of a medical malpractice claim will be determined by the severity of the incident and settlement amounts being reserved for more serious injuries. A doctor might have misdiagnosed cancer in the patient, which could cause death. The most serious injuries are also more likely to result in an indefinite disability, which will increase the cost of an insurance claim.

Pain and Suffering

Patients who suffer from medical malpractice can seek compensation for the physical pain they've experienced as a result of the negligence of a doctor. Physical pain may be based on an injury to the body, for instance fractured bones, and may include loss of range of motion; scarring; the inability to exercise or sleep; loss of sexual function and other injuries that affect the quality of life of the victim.

Pain and suffering from psychological causes is also a part of the compensation awarded to victims of medical negligence. Psychological injuries like anxiety, depression, 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, maintain healthy relationships, and their overall quality.

Damages are generally classified into two categories: economic or "special" damages that are based upon the possibility of calculating financial losses and general or "non-economic" damages like suffering and pain. It isn't easy to determine the proper amount of non-economic damages as they aren't easily quantifiable in dollars.

There are a variety of methods for in calculating the value of a pain and suffering award including using a multiplier method that adds all special damages and then multiplies that amount by a specific amount ranging from 1.5 to 5. There are a few states that have caps on this type of award, however judges in many cases are not able to overturn the verdict of a jury.

Future earnings loss

The victims of medical malpractice can claim numerous damages, including future loss of earnings. This is the amount that a victim could have earned if able to work at their current job or if a job was available that was suitable for their disability. This is a complicated type of damage that usually requires the help of an expert economist to determine.

Calculating lost earnings is straightforward in the event that the victim earned an hourly rate. A lawyer can multiply the hourly rate of a worker by the number hours they missed to calculate their total lost earnings. If you were on an income, you'll have to consider the period that you were not able to work along with your salary and benefits.

While the process of calculating lost income is relatively straightforward, future losses are more complex. The lawyer will need to take into account the cost of any future treatment as well as costs that can be reasonably anticipated due to the condition of the patient.

When pursuing compensation for medical malpractice, it's important to have an experienced lawyer by your side. Our team at Weltchek Mallahan & Weltchek can assist you in determining how to most effectively pursue financial compensation. Contact us today for an appointment with us for a no-cost consultation. Medical errors can be a major issue 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.