Types of Medical Malpractice Compensation
A lot of states limit the amount of damages that a victim of medical negligence can get. These caps typically cover specific, quantifiable losses like medical bills and lost wages.
However medical malpractice cases generally have non-economic consequences, such as suffering and pain. The experienced
attorneys at Sobo & Sobo can help you build a strong case to recover compensation for these losses in the following areas.
Loss of Earnings Potential
You may be able to claim damages for lost wages if the injury is caused by medical malpractice and affects your ability earn income. It can be difficult to prove the loss. You must prove that the medical professional's negligence caused your injuries directly and not only indirectly. This can be a challenge especially if the doctor failed to diagnose or omit an existing medical condition.
Based on the nature of medical malpractice, you may be entitled to non-economic damages in addition to economic damages. Non-economic damages are determined by the effect of the injuries on your quality or life. It's often difficult to put an amount on this, and your attorney will need to use expert testimony, charts and graphics to prove the consequences of the negligence.
In certain cases the medical error could be so severe that you can claim punitive damages. These damages are intended to penalize the healthcare provider who has engaged in a shocking conduct. This kind of damage award isn't as frequent, but it is possible to award it in certain instances, such as instances where the healthcare provider acted with malice or recklessness.
Medical malpractice lawsuits are costly to pursue. There are court filing fees, medical records and other documentation costs which can quickly add up. Your lawyer will have to employ experts to analyze your case to determine whether medical professionals have violated their duty of care towards you.
Permanent Disability
medical malpractice attorney malpractice cases can be a bit complicated and involve various types of damages. Compensation can cover expenses such as future medical procedures, ongoing medical treatment or lost wages if an injury caused someone to be unable to work. It can also cover non-economic damages, such as pain and suffering.
Non-economic damages are difficult to quantify, but could include any decrease in the quality of life. They can also cover emotional and psychological distress, as also suffering and pain. The lawyer representing the claimant will rely on the testimony of friends and family to assist jurors in understanding the impact the injury has affected the victim's daily life.
A good NYC medical malpractice lawyer will carefully review the evidence to determine the worth of a claim. This includes a review the medical malpractice statutes of limitations that limits how long the plaintiff is required to file a suit after an accident.
The value of a medical negligence claim will depend on the severity of the incident, with higher settlement amounts tending to be reserved for more severe injuries. A doctor may have missed a diagnosis of cancer in the patient, which could be fatal. The most serious injuries are more likely to cause a permanent disability. This increases the cost of an insurance claim.
Suffering and Pain
Medical malpractice victims can also seek compensation for the physical pain they've endured as a result a doctor's negligence. Physical pain can be based on an injury to the body, such as broken bones, and can include loss of of motion, scarring, the inability to exercise or sleep and sexual dysfunction and other injuries that reduce the quality of life for the victim.
Pain and suffering from psychological causes can also be a component of the compensation offered to victims of medical negligence. The psychological injuries that result from them, such as anxiety, depression thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. The loss of mental health can also impact a person's ability to work, maintain healthy relationships, and overall quality of life.
Damages are usually divided into two categories: economic or "special" damages that are based on quantifiable financial losses as well as general or "non-economic" damages, such as suffering and pain. Non-economic damages are difficult to quantify in dollars, which is why it can be hard to determine the right amount.
There are a variety of methods for in calculating the value of an award for pain and suffering such as using a multiplier method which adds up the damages for special damages and multiplies the number by a specified amount that ranges from 1.5 to 5. Certain states have caps on these kinds of awards, however in many cases, judges will not overturn a jury's decision.
Loss of Future Earnings
Medical negligence victims are entitled to a variety of damages including loss of future earnings. This is the amount that a victim could have earned if able to work at their current job or if a job available that was suitable for their disability. This is a complex item of damage and frequently requires experts in economics to determine.
Calculating lost earnings is easy when the victim earns an hourly rate. A lawyer can multiply the hourly rate of a person by the number hours they did not work to calculate their total lost earnings. A person who worked employed as a salaried worker will need to take into account the length of time that they were not able to work as well as their salary and benefits.
The process of calculating lost income is fairly easy, but the future loss can be more complicated. An attorney must take into account the cost of any future treatment and any other costs that are reasonable to anticipate in light of the victim's current condition.
It is crucial to have a lawyer who has experience on your side when seeking compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team of lawyers can help you determine the best method to pursue your financial recovery. Call us today to arrange a free consultation. Medical errors can be a serious issue that could cause serious damage. Our legal team will review your case in detail and fight for the compensation you are due.