Types of Medical Malpractice Compensation
Some states limit the amount of damages that a victim of medical malpractice may receive. The caps typically only cover specific,
Medical Malpractice law firm measurable losses such as the cost of medical bills and lost wages.
However medical malpractice cases generally involve non-economic damages like suffering and pain. The experienced lawyers at Sobo & Sobo will help you establish a case for compensation in the following areas.
Loss of Earnings Potential
If an injury caused by medical malpractice hinders your ability to earn income you may be able to claim damages for lost wages. However, proving these losses can be a challenge. You must prove the negligence of the doctor caused your injuries directly and not only indirectly. This can be challenging especially if the doctor failed to diagnose or omit an existing medical condition.
Depending on the type of
Medical Malpractice Law Firm malpractice, you could be entitled to non-economic damages in addition to economic damages. Non-economic damages are determined by the effect of the injuries on your life or your life. Your lawyer will make use of expert testimony graphs, charts, and other graphics to demonstrate the consequences of negligence.
In some instances medical negligence can be so grave that you could be able to claim punitive damage. These are intended to penalize the healthcare provider for his or her outrageous actions. This type of damages award is not uncommon, but it could be awarded if the healthcare provider has acted in recklessness or malice.
Medical malpractice claims can be expensive to pursue. The costs of court filings, medical records and other documentation can quickly become costly. Your lawyer must engage experts to review your case to determine if
medical malpractice attorney professionals have violated their duty of care towards you.
Permanent Disability
Medical malpractice cases are usually complicated, and there are many kinds of damages available. Compensation can cover expenses like future medical procedures, ongoing care and treatment or wages lost when an injury has caused someone to be unable to work. It also covers non-economic damages like pain and discomfort.
Non-economic damages are more difficult to quantify in a dollar amount however, they can include any diminished quality of life. They can also encompass emotional and psychological distress, as well as pain and suffering. The lawyer for the claimant will utilize testimony from family members and friends members to help jurors to understand the impact of the accident on the victim's life.
A good NYC medical negligence lawyer will thoroughly review all the evidence to determine the worth of the claim. This includes a look at the medical malpractice statutes of limitations that stipulates the time frame for which a plaintiff can bring a lawsuit following an accident.
The value of a claim based on medical malpractice will depend on the magnitude and severity of the injury. Settlements that are higher are reserved for more serious injuries. For instance, a medical professional might have misdiagnosed patients suffering from a condition like cancer, which is life-threatening. The most severe injuries are also more likely to cause a permanent disability, which will increase the cost of a claim.
Suffering and Pain
Medical malpractice victims may also seek compensation for the physical pain they have suffered as a result of the negligence of a physician. Physical pain can be based on an injury to the body, such as broken bones. It can include loss of range of motion, scarring; the inability to exercise or sleep and sexual dysfunction; and other injuries that reduce the victim's quality of life.
Pain and suffering from psychological causes could also be a component of the compensation that is awarded to victims of
medical malpractice law firms malpractice. Psychological injuries like anxiety, depression, thoughts of suicide, and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. The loss of mental health could also impact a person's ability to work, maintain healthy relationships, and overall quality of life.
Damages can be divided into two types: economic or "special" damage, which is based on the calculation of losses and general or non-economic damages, like discomfort and pain. Non-economic damages are hard to quantify in dollars, therefore it is difficult to determine the proper amount.
There are a variety of ways to calculate the value of an award for suffering and pain, including using a multiplier. This method adds all special damages together and then multiplies this number by a specified amount that is between 1.5 and 5. Certain states have caps on these types of awards, but in most instances, judges cannot overturn a jury's decision.
Loss of Future Earnings
Medical accident victims are entitled to various damages, including future earnings loss. This is the amount that a victim could have earned if in a position to work at their old job or had a job available that suited their condition. This is a complex item of damage, and often requires expert economists to calculate.
Calculating lost earnings is easy in the event that the victim earned an hourly rate. An attorney can multiply a person's hourly rate by the number of hours they were absent from work to find the total amount of lost wages. If you were paid salary, you'll have to take into consideration the time that you could not work along with your salary and benefits.
While the process of calculating lost earnings is fairly straightforward, future losses are more complex. The lawyer will need to take into consideration the cost of future treatments and also the costs that are reasonable due to the condition of the patient.
In the event of seeking compensation for medical malpractice, it's crucial to have an experienced lawyer by your side. Our team at Weltchek Mallahan & Weltchek can assist you in determining the best way to most effectively pursue your financial recovery. Contact us today for a free consultation. Medical errors can be a grave issue that can result in significant damage. Our legal team is prepared to take a close look at your case and fight for the full compensation that you deserve.