Types of Medical Malpractice Compensation
Some states have caps on the amount of damages that a medical malpractice victim can claim. These caps usually cover specific, measurable losses like medical bills and lost wages.
Medical malpractice cases often be accompanied by non-economic losses, such as 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
You can seek damages for lost wages if the injury is caused by medical malpractice and affects your ability to earn income. But proving these losses can be challenging. It is essential to prove that the medical professional's negligence caused your injuries directly, and not just indirectly. This can be difficult, especially if the doctor misdiagnosed or ignored an existing medical condition.
You may be entitled to both economic and non-economic damages depending on the nature of the malpractice. 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, so your lawyer will need to use expert testimony, charts and graphs to show the effect of negligence.
In certain cases the medical error could be so severe that you may be able to demand punitive damages. These damages are intended to punish the healthcare professional who has engaged in outrageous behaviour. This type of damage award is not so common, however it can be awarded in certain circumstances, such as instances where the healthcare professional acted in recklessness or with malice.
Medical malpractice claims can be costly to pursue. There are court filing fees, medical records and other costs for documentation that can add up quickly. Your lawyer will need to 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 can be complicated, and there are many kinds of damages available. Compensation covers costs such as expected future medical procedures, any ongoing treatment or care and lost earnings if an injury causes the person to miss work. It could also include non-economic damages, such as pain and suffering.
Non-economic losses are difficult to quantify in terms of a dollar amount, however, they can include any reduction in quality of life. They can also include emotional and psychological distress, as also suffering and pain. The lawyer representing the claimant will rely on the testimony of family members and friends to help a juror understand the impact the injury has caused on the victim's daily life.
A good NYC
medical malpractice lawyer will scrutinize the evidence to determine the value of an action. This includes a look at the medical malpractice statutes of limitations that stipulates the time frame for which a plaintiff must file a suit after an accident.
The value of a medical negligence claim will be determined by the severity of the incident as well as the severity of the injury, with larger settlement amounts being reserved for more severe injuries. For instance, a medical professional may have erroneously diagnosed patients suffering from a condition such as cancer, which can be life-threatening. The most serious injuries are more likely to result in a permanent disability. This will increase the cost of an insurance claim.
Pain and Suffering
Patients who suffer from
medical malpractice lawsuits malpractice can seek compensation for the physical pain they've suffered as a result of a doctor's negligence. Physical pain may result from an injury, like broken bones or a scar. It could also be caused by as well as the inability of sleeping or exercise, loss of sexual function and other injuries that affect the victim's life quality.
The compensation for
medical malpractice could include compensation for psychological pain and suffering. Psychiatric injuries, such as anxiety depression, suicidal thoughts, and post-traumatic stress disorder (PTSD) can be incredibly debilitating and can cause physical pain as well. The loss of mental health could also affect a victim's capacity to work, maintain healthy relationships, and overall quality of life.
Damages can be divided into two categories: economic or "special" damage, which is based on measurable losses as well as non-economic or general damages, like pain and
medical malpractice lawyer discomfort. Non-economic damages are difficult to quantify in dollars, and
medical malpractice lawyer so it is difficult to determine the right amount.
There are many ways to calculate the value of an award for pain and suffering, for instance using a multiplier. This method is a way of adding all damages in a single calculation and then multiplies the number by a specific amount between 1.5 to 5. There are some states that have limits on this kind of award, however judges in many cases will not uphold the verdict of a jury.
Loss of Future Earnings
Medical malpractice victims are able to recover numerous damages which include future loss of earnings. This includes the amount the victim would have earned if they could work at their previous job, or if they could have gotten the job that would be suitable for their physical limitations. This is a tangled piece of damage that usually requires the help of an expert economist to calculate.
Calculating lost earnings is simple in the event that the victim earned an hourly rate. An attorney can multiply a person's hourly rate by the amount of hours they did not work to calculate the total loss of wages. If you were on a salary, you will need to consider the time that you were not able to work alongside your salary and benefits.
The process of calculating lost income is fairly easy, but future losses could be more complex. An attorney will have to take into account the cost of any future treatment, in addition to any costs that are reasonable to anticipate in light of the victim's current condition.
It is essential to have a lawyer who has experience on your side when you are seeking compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team can assist you to determine the best method to pursue your financial recovery. Contact us today to set up an appointment with us for a no-cost consultation. Medical mistakes can be a serious problem that can cause significant damage. Our legal team will analyze your case carefully and fight for the compensation you deserve.