Types of Medical Malpractice Compensation
There are many states that have caps on the amount of damages victims of medical malpractice are able to recover. The caps typically only cover specific, quantifiable losses, like medical bills and lost wages.
Medical malpractice cases can often result in non-economic damages, like suffering and pain. The experienced lawyers at Sobo & Sobo can help you establish a strong case for compensation for these injuries in the following areas.
Potencial loss of earnings
If the injury caused by medical negligence hinders your ability to earn income you can claim damages for the loss of earnings. However, proving the loss is not easy. You must prove that the doctor’s negligence was the direct cause of your injuries, rather than simply related to them. This can be a challenge particularly if the doctor failed to recognize or treated an existing medical condition.
Depending on the type of medical malpractice, you could be entitled to non-economic damages in addition to economic damages. Non-economic damages are based on the impact the injuries have had on your quality of life. It’s sometimes difficult to put the value of this, so your attorney must use expert testimony, charts and graphs to prove the consequences of the negligence.
In certain cases medical negligence may be so serious that you might be capable of claiming punitive damages. They are designed to penalize the healthcare provider for their outrageous conduct. This type of damages award is not common, but can be awarded when the healthcare provider was acting with negligence or with malice.
Medical malpractice claims can be costly to pursue. There are court filing fees, medical records and other documentation costs that add up quickly. Your lawyer will need to select experts to examine your case to determine whether medical professionals have breached their duty of care towards you.
Permanent Disability
Medical malpractice cases are often complex, with many types of damages available. Compensation can cover costs like future medical procedures, ongoing medical treatment, or lost wages, if an injury caused someone to miss work. It could also include non-economic damages, like suffering and pain.
Non-economic damages are difficult to quantify, but can include any decrease in the quality of life. They can also be a result of pain and suffering, emotional and psychological distress. The lawyer representing the claimant will use testimony from family members and friends members to aid jurors comprehend the impact of the accident on the victim’s life.
A good NYC medical negligence lawyer will take the time to review every piece of evidence to determine the claim’s value. This includes a thorough review of the medical malpractice attorney malpractice statutes of limitations that restricts the time the plaintiff is required to pursue a lawsuit after an accident.
The value of a medical malpractice claim will be determined by the severity of the incident and settlement amounts tending to be reserved for more serious injuries. For instance, a physician may have misdiagnosed patients suffering from a condition such as cancer, which is life-threatening. The most serious injuries are more likely to result in permanent disability. This will increase the cost of an insurance claim.
Pain and Suffering
Patients who have suffered from medical malpractice can also seek compensation for physical pain they’ve experienced as a result of the negligence of a medical professional. Physical pain may be based on an injury to the body, for instance broken bones. This can include loss of of motion; scarring; the inability to exercise or sleep; loss of sexual function; and other injuries that impact the victim’s quality of life.
Medical malpractice compensation can include compensation for psychological pain and suffering. Psychological injuries such as anxiety, depression, suicidal phobia and post-traumatic stress disorder (PTSD) can be extremely debilitating and may cause physical pain as well. The loss of mental health may affect a person’s ability to work and maintain healthy relationships and overall quality of life.
Damages can be divided into two types: economic or “special” damage, which is based on calculable losses and general damages, like discomfort and pain. It can be difficult to establish a fair amount for non-economic damages as they aren’t easily quantified in dollars.
There are various methods for formulating the value of a pain and suffering award including using a multiplier method that adds all damages that are special and multiplies that amount by a specific amount ranging from 1.5 to 5. Some states have caps on these types of awards, but in most cases, judges are unable to overturn the verdict of a jury.
Loss of Future Earnings
Medical malpractice victims can claim a variety of damages including loss of future earnings. This is the amount the victim would have earned if they could work at their previous job, or if they were able to get the job that would be suitable for their disabilities. This is a complicated item of damage that often requires the assistance of an expert economist to calculate.
Calculating lost earnings is simple if the victim earned an hourly rate. A lawyer can multiply the hourly rate of a worker by the number of hours they missed to calculate their lost wage. An individual who was employed on a salary will have to take into account the amount of time they were unable to work as well as their pay and benefits.
The process of calculating lost income is easy, but future losses could be more complicated. The attorney must take into consideration the cost of future treatments and also the costs which are reasonably expected due to the condition of the patient.
It is essential to have a lawyer with experience on your side when pursuing compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can assist you in determining the best way to most effectively pursue your financial recovery. Contact us today to schedule an appointment free of charge. medical malpractice attorney errors are a major problem that can cause significant harm. Our legal team will examine your case with care and fight to get the compensation you deserve.