Types of Medical Malpractice Compensation
A number of states have limits on the amount of damages the victim of medical malpractice can claim. These caps typically cover only measurable, specific losses such as the cost of medical bills and lost wages.
Medical malpractice cases typically be accompanied by non-economic losses, like suffering and pain. The experienced attorneys at Sobo & Sobo will help you build a case for compensation in the following areas.
Loss of Earnings Potencial
You can seek damages for lost earnings if the injury was caused by medical negligence and affects your ability earn income. It can be a challenge to prove the loss. You must prove that the doctor’s negligence was the direct cause of your injuries, and not just a result of them. This can be a difficult task particularly if it involves an existing condition that the medical professional did not recognize or misdiagnose.
You may be entitled to both non-economic damages depending on the nature of the negligence. Non-economic damages are based on the effect the injuries have had on your quality of life. It’s difficult to place an amount of money on this, so your attorney will need to rely on expert testimony, charts, and graphs to show the effect of negligence.
In some cases, the medical negligence may be so severe that you could demand punitive damages. These damages are meant to penalize the healthcare provider who has engaged in a shocking behavior. This type of damage award is not as common, but it can be awarded in certain circumstances, for instance when the healthcare provider acted in reckless or malicious ways.
Medical malpractice lawsuits are costly to pursue. There are court filing fees, medical records and other documentation costs that add up quickly. Your lawyer will need to engage experts to review your case to determine whether medical professionals have violated their duty of care towards you.
Permanent Disability
Medical malpractice cases are often complex, with many types of damages that are available. Compensation covers expenses such as expected future medical procedures, ongoing treatment or care, and lost wages if the accident causes the person to miss work. It also covers non-economic costs like discomfort and pain.
Non-economic losses can be difficult to quantify, but may include any loss in quality of life. They could also include emotional and psychological distress. The lawyer of the claimant will utilize the testimony of family and friends to help jurors comprehend how the injury had on the victim’s everyday life.
A good NYC medical negligence lawyer will carefully review all the evidence to determine the worth of the claim. This includes a look at the medical malpractice statutes of limitations which limits how long a plaintiff must bring a lawsuit following an accident.
The value of a medical malpractice claim will be determined by the severity of the incident and the amount of settlement typically reserved for more severe injuries. For instance, a doctor might have mistakenly diagnosed an individual suffering from a condition such as cancer, which can be life-threatening. The most serious injuries are more likely to lead to permanent disability. This can raise the cost of an insurance claim.
Pain and Suffering
Medical malpractice victims may also seek compensation for the physical pain they’ve suffered as a consequence of the negligence of a doctor. Physical pain can result from an injury, like broken bones or a scar. It could also be caused by and inability to sleep or exercise, loss of sexual function and other injuries that impact the victim’s life quality.
Psychological suffering and pain is also a part of the compensation awarded to victims of medical negligence. Psychiatric injuries, such as anxiety depression, suicidal ideas and post-traumatic stress disorder (PTSD) can be incredibly physically and mentally limiting, and can trigger physical pain as well. The loss of mental health may also affect a victim’s capacity to work, maintain healthy relationships, and their overall quality.
Damages can be divided into two categories: economic or “special” damage, which is based upon the possibility of calculable losses and general damages, like pain and discomfort. It can be difficult to determine the appropriate amount for non-economic damages as they are not easily quantifiable in dollars.
There are a variety of methods to calculate the value of an award for pain and suffering, for instance using a multiplier. This method adds all special damages together and then multiplies this number by a set amount that is between 1.5 and 5. There are a few states that have caps on this type of award, but judges in most cases will not uphold the verdict of a jury.
Loss of Future Earnings
Medical malpractice victims are entitled to a variety of damages including future earnings loss. This is the amount a victim could have earned had they been capable of working at their previous job or if a job was available that suited their disability. This is a tangled piece of damage that often requires the assistance of an expert economist to determine.
Calculating lost earnings is simple if the victim earned an hourly rate. A lawyer can multiply the hourly wage of a person by the number hours they were absent to determine their total lost wages. Someone who was working employed on a salary will have to consider the amount of time they were unable to work, as well as their pay and benefits.
The process of calculating lost income is fairly easy, but future losses may be more complex. An attorney will have to think about the cost of any future treatment as well as any costs that can reasonably be anticipated according to the victim’s present health.
It is important to have an experienced lawyer on your side when seeking compensation for Medical Malpractice Attorney negligence. At Weltchek Mallahan & Weltchek, our team of lawyers can help you decide on the best way to pursue financial compensation. Contact us today for a free consultation. Medical errors are a grave problem that could cause severe damage. Our legal team will analyze your case carefully and fight for the compensation you are due.
