Malpractice Compensation
malpractice law firm compensation typically covers future and past medical costs. It also pays compensation to victims of lost income and their inability to work.
Non-economic damages are more difficult to determine and can include pain and suffering, frustration and distress. They are typically calculated using a degree of severity.
To prove negligence, a plaintiff must show a doctor’s duty to be professional. The duty was violated which resulted in injury.
Damages for suffering and pain
In a medical malpractice lawsuit the suffering and pain can be difficult to quantify since they are subjective. As opposed to the economic costs of hospital bills and lost wages which can be easily calculated to the penny, pain and suffering refers to the victim’s individual feelings of pain, distress and anguish that have been caused by the negligence of the malpractice incident.
The physical pain associated with malpractice injuries can be mild to severe. The emotional and psychological pain can be more than that. This could include anxiety, anger, depression, fear or frustration, irritability loss of enjoyment and other negative impacts on one’s life quality that the jury could be able to consider when determining the amount of damages.
Examples of permanent impairments are disfigurement, scarring or loss of legs. These can make it difficult to exercise or maintain healthy relationships and perform daily tasks. In some cases the lawyer might want to seek expert witnesses who can describe the effect on the victim’s quality of life.
Although it is difficult to put an exact dollar amount on these damages, a jury will rely on their experience, background and common sense in determining the value. In this regard, it is important to have a seasoned and knowledgeable legal team working for you to ensure that you’re in a position to recover the entire amount of your loss.
Damages for Economic Loss
Economic damages are a way to reimburse a person for their financial costs that result from a medical negligence injury. They typically cover past and future medical bills related to treatment for a malpractice incident. These expenses also include lost earnings, if an injury hinders a person from working or decreases the earning capacity of a person. Documentation, like medical records and wage records can be used to prove the damages, but certain items of economic loss require an expert witness.
For instance, a person who suffers a serious physical injury due to medical negligence may require extensive, long-term care including surgery, medication, and physical therapy. The cost of this care could be millions of dollars in a lifetime.
In certain cases an error by an medical professional could lead to a lifelong disability such as cerebral palsy or paralysis. This can lead to costly ongoing treatment and a substantial reduction in a patient’s quality of life.
In certain states, there are limits on the amount of damages that the victim could receive in a medical malpractice lawsuit. In a lot of courts, these limits have been declared unconstitutional as they limit the right of an injured victim to a fair legal remedy. New York does not impose damage caps, which means that victims are able to get the full amount of losses, both past and future, from a successful malpractice claim.
Damages for non-economic losses
Some medical malpractice cases are more difficult to quantify for example, pain and discomfort and loss of enjoyment of life. While these damages may be difficult to quantify, it is possible to do so using testimony from witnesses and financial analysis to back the claim.
Economic losses are also covered by compensation, such as the future and past medical expenses. This can include hospital fees such as in-home medical care medical equipment, more. Compensation can also cover future earnings and lost income, if the injury prevented the victim from working.
In the calculation of damages, both the jury and judge look at a variety of factors. A judge and jury can decide to award noneconomic damages, if the injury resulting from an error of medicine reduces the quality of life for the victim. This could include the cost of hiring a person to perform things that the injured person cannot perform anymore, such as cleaning, cooking, and caring for children.
In certain cases, the conduct of a physician could be so reckless or negligent that punitive sanctions are appropriate. These are intended to punish the defendant and also send a message others in the health care industry. This is usually limited to cases involving gross negligence and reckless disregard for the safety of patients.
Damages for Wrongful Death
The loss of a loved one due to medical negligence can cause a lot of grief and financial hardship for family members. A representative may file a lawsuit to recover damages for the deceased’s medical and funeral expenses, out-of-pocket expenses like home health equipment or nursing assistance, loss of future earnings, lost opportunity to inherit and more. A plaintiff’s attorney can engage economists to estimate the lifespan of the deceased and calculate the expected income.
Punitive and compensatory damages can be awarded in the event of wrongful death. Compensation damages pay victims for any out-of-pocket expenses and other easily quantifiable losses, such as future and current medical expenses; loss of consortium; pain and suffering; disfigurement and mental distress. Punitive damages punish wrongdoers for unacceptable conduct, like leaving a sponge inside the body of a patient during surgery and requiring a second procedure to remove it.
A wrongful death claim may be filed alongside the regular malpractice case, or as part of a survival lawsuit. To ensure that the plaintiff gets the full amount of damages, a wrongful death case needs an attorney with experience in medical malpractice cases. A skilled lawyer can scrutinize all evidence and documents to determine the amount the victim is due. A lawyer who is experienced will present a convincing argument to the jury and ensure that all damages are included in the settlement or verdict.