Types of Medical Malpractice Compensation
Some states limit the amount of damages that a victim of medical malpractice could recover. These caps usually cover only specific, quantifiable losses such as the cost of medical bills and
medical malpractice attorneys lost wages.
However, medical malpractice cases often involve non-economic losses such as pain and suffering. The experienced lawyers at Sobo & Sobo will help you build a case for compensation in the following areas.
Loss of Earnings Potential
If the injury resulting from medical negligence affects your capacity to earn a living you can claim compensation for the loss of wages. However, proving the loss can be challenging. You must prove the medical professional's negligence caused your injuries directly, and not just indirectly. This can be a challenge especially if the doctor misdiagnosed or ignored a pre-existing
medical malpractice attorneys condition.
Based on the nature of medical malpractice, you may be entitled to economic damages, as well as economic damages. Non-economic damages are determined by the impact of the injuries on your quality or your life. Your lawyer will employ expert testimony graphs, charts, and other graphics to illustrate the effects of negligence.
In some instances, the medical negligence may be so egregious that you may be able to claim punitive damages. These damages are meant to punish the healthcare professional who has committed a shambolic behavior. This type of damages award isn't typical, but it can be awarded when a healthcare provider has acted with carelessness or ill-intention.
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 must hire experts who will review your case to determine whether medical professionals have violated their duty of care to you.
Permanent Disability
Medical malpractice cases are usually complex, with various types of damages available. Compensation can cover costs such as expected future medical procedures, ongoing treatment or care and lost wages if the accident causes the person to miss work. It may also cover non-economic damages, such as suffering and pain.
The non-economic damage is harder to quantify in a dollar amount however, they can include any reduction in quality of life. They can also cover emotional and psychological distress, as along with suffering and pain. The lawyer representing the claimant will rely on the testimony of friends and family to help a juror understand the impact the injury has caused on the victim's daily life.
A reputable NYC medical negligence lawyer will thoroughly review all evidence to determine the value of the claim. This includes reviewing the medical malpractice statute of limitations which puts a limit on the length of time that after an accident the plaintiff is allowed to make a claim.
The value of a medical malpractice claim will be determined by the severity of the incident, with higher settlement amounts tend to be reserved for more serious injuries. A doctor may have misdiagnosed cancer in the patient, and this could be fatal. The most serious injuries are more likely to result in an indefinite disability. This can raise the cost of an insurance claim.
Pain and Suffering
Medical malpractice attorneys malpractice victims can also seek compensation for physical discomfort they've endured because of the negligence of a physician. Physical pain could be based on an injury to the body, for instance broken bones, and can include loss of of motion, scarring,
medical malpractice attorneys the inability to exercise or sleep or sleep; loss of sexual function; and other injuries that diminish the victim's quality of life.
Psychological suffering and pain can also be a part of the compensation offered to victims of medical negligence. Psychological injuries like depression, anxiety, thoughts of suicide, and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. In addition, the loss of mental health can also affect a person's ability to work or maintain healthy relationships, and impact their overall quality of life.
Damages can be classified into two types: economic or "special" damage that is based on the calculation of losses and general or non-economic damages, such as discomfort and pain. It can be difficult to establish the appropriate amount for non-economic damages as they are not easily quantified in dollars.
There are various methods for making a determination of the value of an award for pain and suffering such as using a multiplier method that adds all damages that are specific and multiplies that number by a specific amount ranging from 1.5 to 5. Some 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 various damages, including future earnings loss. This is the amount that a victim could have earned if capable of working at their previous job or if a job was available that was suitable for their condition. This is a very complex type of damage and frequently requires expert economists to calculate.
Calculating lost earnings is easy if the victim earned an hourly wage. An attorney can multiply an individual's hourly rate by the amount of hours they did not work to find their total lost earnings. If you were paid a salary, you will be required to think about the time that you were not able to work in addition to your salary and benefits.
While calculating lost income is fairly simple, future losses are much more complicated. The attorney must take into consideration the cost of future treatment as well as costs that can be reasonably expected depending on the condition of a patient.
In the event of seeking compensation for medical malpractice, it's important to have a seasoned lawyer on your side. Our team at Weltchek Mallahan & Weltchek can assist you in determining how to best pursue your financial recovery. Call us today to arrange an initial consultation for free. Medical errors can be a serious issue that could cause serious damage. Our legal team is ready to take a close look at your case and fight for the maximum settlement you deserve.