Malpractice Compensation
Malpractice compensation often is used to cover future and past medical expenses. It also provides compensation for those who have lost income as well as their inability to work.
Non-economic damages are more difficult to determine and include pain and suffering as well as distress, frustration and pain. They are usually calculated using a severity ratio.
To prove negligence, a plaintiff must prove that a doctor’s obligation to act professionally. The duty was not fulfilled and resulted in injury.
Damages for pain and suffering
In a medical malpractice case the suffering and pain can be difficult to quantify since they are subjective. Pain and suffering are not economic losses like hospital bills or lost wages that can be calculated to the penny. Instead they are the victims’ feelings of distress, anguish and discomfort caused by the negligence.
The physical pain that is due to malpractice lawsuits injuries can be mild to severe. However the psychological and emotional suffering can be more severe. This can include anxiety and depression as well as anger, fear, frustrated, irritability and other negative effects on one’s life. The jury may consider these factors when determining damages.
Examples of permanent impairments include scarring, disfigurement or the loss of legs. These conditions can make it difficult to exercise, maintain healthy relationships, and carry out daily tasks. In some instances the lawyer might want to summon expert witnesses who can discuss the impact on the victim’s quality of life.
It isn’t easy to estimate the exact dollar value of these damages. A jury will rely on experience, knowledge and common sense to determine their value. This is why it is vital to have an experienced and competent legal team by your side to ensure that you’re capable of recovering the full amount of your losses.
Damages for Economic Loss
Economic damages reimburse victims for the financial costs they incur due to medical negligence. They typically cover future and past medical expenses related to treatment for a malpractice injury. They also include lost earnings in cases where the injury prohibits the person from working or reduces their earning capacity. Documentation, like medical records and wage records can be used to prove the damage, but certain items of economic loss require expert testimony.
A patient who has suffered severe physical injuries due to medical malpractice may require intensive long-term care. This could include surgery, medication and physical therapy. The cost of this care could be millions of dollars in a lifetime.
In certain cases, the negligence of medical professionals can result in a permanent disability, such as cerebral palsy or paralysis. This can result in expensive ongoing treatment and a substantial reduction in a patient’s standard of life.
In some states there are limits on the amount that a victim of medical malpractice can be awarded as damages. These limits were struck down by several courts because they are considered unconstitutional restrictions on an injured person’s rights to an equitable legal remedy. New York does NOT impose damage caps. Victims can recover the full amount of their future and past losses in the event of a successful malpractice claim.
Damages for non-economic Losses
Certain injuries resulting from medical malpractice are more difficult to determine in a dollar figure like suffering and pain, as well as the loss of enjoyment of life. While these damages are difficult to quantify but it is possible to determine the amount by witness testimony and financial analysis to support the claim.
Economic losses are also compensated, including future and previous medical expenses. These can include hospital expenses, in-home care, medical accessories, and much more. Compensation may also cover future earnings and lost income if an injury prevented the victim from working.
When calculating these damages the jury and judge will take a variety of factors into account. A jury or judge may award noneconomic damages when, for example, an injury caused by a medical mistake reduces the victim’s quality-of-life. This could include the cost of hiring a person to take on things that the injured person cannot perform anymore like cleaning, cooking, and taking care of children.
In certain instances the actions of a doctor can be so reckless or negligent that punitive damages are appropriate. These are meant to penalize the defendant and convey a clear message to other health professionals. This usually only applies to cases of gross negligence or an inordinate 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 stress and financial losses for family members. A representative may bring suit to recover damages from the deceased to cover funeral and medical costs and other out-of-pocket expenses such as nursing or home health assistance as well as loss of future earnings, lost inheritance prospects, etc. A plaintiff’s lawyer could hire experts in economics to assess the life expectancy of the deceased and calculate projected lost earnings.
In addition, compensatory and punitive damages are available for wrongful deaths. Compensatory damage compensates victims for their out-of pocket losses as well as other damages that can be easily quantifiable such as medical expenses and future medical expenses; pain and suffering; mental anxiety; and loss consortium. Punitive damages are awarded to wrongdoers who have committed egregious conduct, such as leaving a sponge in the body of a patient during surgery and then requiring a second surgery to remove it.
A wrongful-death claim can be filed in addition to an ordinary malpractice case or as part of a survival case. A wrongful death claim requires a lawyer experienced in handling medical malpractice law firm cases to ensure the plaintiff is compensated for all damages available. An experienced lawyer will review all evidence and documents in order to determine the amount a victim might be owed. A competent lawyer can argue a convincing case to the jury and ensure that all damages eligible for reimbursement are included in the final settlement or verdict.