Types of Medical Malpractice Compensation
Some states have caps on the amount of damages a medical malpractice victim can recover. The caps typically only cover specific, measurable losses like medical bills and lost wages.
However medical malpractice cases usually involve non-economic damages like 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
If an injury that is the result of medical malpractice compromises your ability to earn income You can seek compensation for the loss of wages. But proving these losses can be challenging. You must prove that the medical professional’s negligence caused your injuries directly and not only indirectly. This can be difficult particularly if a doctor did not recognize or treat an existing medical condition.
You may be entitled to both non-economic damages based upon the nature of the negligence. Non-economic damages are determined by the effect of the injuries on your health or your life. Your attorney will make use of expert testimony graphs, charts, and other graphics to demonstrate the consequences of negligence.
In some instances medical negligence may be so severe that you are able to claim punitive damage. They are designed to penalize the healthcare provider for their outrageous conduct. This type of damage award isn’t as common, but it can be awarded in certain circumstances, such as when the healthcare provider acted with malice or recklessness.
Medical malpractice lawsuits are costly to pursue. There are court filing fees, medical records, and other costs for documentation that add up quickly. Your lawyer will also have to employ experts to look over your case and determine whether medical malpractice attorney professionals violated their duty to you.
Permanent Disability
Medical malpractice cases can be complicated and involve many different types of damages. Compensation can cover expenses like future medical procedures, ongoing medical treatment or wages lost if an injury caused the person to be off work. It also covers non-economic losses like pain and discomfort.
Non-economic losses can be difficult to quantify, but could include any loss in quality of life. They can also include emotional and psychological distress as also suffering and pain. The lawyer for the claimant will use the testimony of family and friends to help jurors comprehend what impact the injury affected the victim’s daily life.
A reputable NYC medical negligence lawyer will thoroughly review every piece of evidence to determine the value of the claim. This includes a thorough review of the medical malpractice statute of limitations, which imposes a time limit on the amount of time after an accident the plaintiff is allowed to file a lawsuit.
The value of a claim for medical malpractice will depend on the degree and severity of the damage. Settlements that are higher are reserved for more serious injuries. For instance, a doctor might have mistakenly diagnosed patients suffering from a condition such as cancer, which is life-threatening. The most severe injuries are also more likely to cause an indefinite disability, which will increase the cost of a claim.
Suffering and Pain
Medical malpractice victims may also seek compensation for the physical pain they’ve endured as a result negligence by a doctor. Physical pain may be based on an injury to the body, such as broken bones. This can include loss of range of motion; scarring; the inability to exercise or sleep; loss of sexual function as well as other injuries that diminish the victim’s quality of life.
Psychological suffering and pain is also a part of the compensation given to victims of medical negligence. Mental health issues such as anxiety, depression thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. The decline in mental health can also impact a person’s ability to work, maintain healthy relationships, and their overall quality.
Damages are usually divided into two categories one being economic or “special” damages that are based upon the possibility of calculating financial losses and general “non-economic” damages such as suffering and pain. Non-economic damages are hard to quantify in dollars, which is why it is difficult to determine the proper amount.
There are several ways to determine the value of an award for pain and suffering, for instance using a multiplier. This method is where you add all the damages in a single calculation and then multiplies the number by a specified amount between 1.5 to 5. Certain states have limits on this kind of award, but judges in most cases will not uphold the verdict of a jury.
Loss of Future Earnings
Medical malpractice victims can claim various damages, including future earnings loss. This is the amount that a victim could earn if they had been employed at their current job or if a job accessible to them that was suited to their impairment. This is a complex item of damage that often requires experts in economics to determine.
Loss earnings calculations are straightforward for those who earn on an hourly basis. A lawyer can multiply the hourly wage of a person by the number hours they were absent to determine their total lost wages. If a person was employed in a salaried position will need to consider the amount of time they were not able to work, as well as their salary and benefits.
While the process of calculating lost income is relatively easy, future losses are more complex. An attorney will have to think about the cost of any future treatment and also any expenses that are reasonably anticipated in light of the victim’s current condition.
It is important to have a lawyer with experience on your side when seeking compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team can assist you to determine the best method to pursue your financial recovery. Call us today to arrange an initial consultation for free. Medical errors can be a serious problem that could cause severe harm. Our legal team will review your case with care and fight for the compensation you are due.