Malpractice Compensation
Malpractice compensation usually covers future and past medical costs. It also pays compensation to victims of loss of income and their inability to work.
Non-economic damages are more difficult to quantify and can include pain and suffering along with distress and frustration. These are usually calculated using a severity factor.
To prove the existence of malpractice, a patient must prove that a doctor’s responsibility was to behave professionally. This duty was violated which resulted in injury.
Damages for Pain and Suffering
In a medical malpractice lawsuit the pain and suffering of the victim can be difficult to quantify as 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 victim’s feelings of anxiety, distress and discomfort caused by the negligence of the malpractice.
The physical discomfort associated with malpractice injuries can be mild to severe. However, the emotional and psychological suffering can be even more serious. This could include anxiety, anger, depression and frustration, irritability, loss of enjoyment and other negative impacts to one’s life quality which the jury may be able to consider in determining the amount of damages.
Examples of permanent impairments are scarring, disfigurement or loss of limbs. These conditions can make it difficult to exercise and maintain healthy relationships and perform everyday tasks. In some instances the attorney could consult with experts to discuss the effect of the injury on the victim’s life quality.
It is difficult to establish the exact dollar value of these damages. A jury will use their experience, knowledge and common sense to determine their worth. Therefore, it is essential to hire a knowledgeable and experienced legal team working on your behalf to ensure you are able to claim the full amount.
Damages for Economic Loss
Economic damages are a way to compensate victims for the financial burdens they incur as a result of a medical negligence. These expenses typically cover past and future medical expenses related to treatment for a malpractice incident. They also cover lost income when the injury stops the person from working or limits their earnings capacity. Documentation, like medical records and wage records can be used to prove the damages but certain elements of economic loss require an expert witness.
For instance, a person who suffers a serious physical injury due to medical malpractice could require extensive long-term treatment, such as surgeries, medication and physical therapy. The cost of such care could run into the thousands of dollars over the course.
In certain cases an error by medical professionals can cause a lifelong impairment such as cerebral palsy, or paralysis. This can lead to costly ongoing treatment, as well as a major decrease in the patient’s quality of life.
In some states, there are limits on the amount of compensation a victim can receive in a medical malpractice lawsuit. These limits have been ruled invalid by several courts because they are considered unconstitutional restrictions on a person’s right to an equitable legal remedy. New York does NOT impose damage caps. Victims can recover the full amount for their losses in the past and the future in the event that they prevail in a lawsuit for malpractice.
Damages for non-economic losses
Certain medical malpractice-related injuries are more difficult to quantify such as discomfort and pain and loss of enjoyment. These damages are difficult to calculate but can be done by using a financial analysis by an expert and testimony from witnesses.
Compensation also covers past and future medical expenses. This can include hospital costs, in-home care, medical accessories, and more. In addition, compensation can pay for lost income if an accident has prevented the victim from working, and also the loss of future earnings.
In calculating damages, both the jury and judge be looking at several aspects. For instance If a medical lapse resulted in injury that decreases the quality of life for a victim the judge and jury may award noneconomic damages for the loss in quality of life. This could include the cost of hiring an individual to take on tasks that the injured person is unable to perform, like cooking meals, cleaning up and caring for their children.
In some instances, a doctor’s conduct may be so reckless or negligent that punitive damages are necessary. They are designed to punish the defendant as well as send a clear message other health professionals. This is generally limited to cases that are particularly shocking and involve a gross disregard for the safety of the patient.
Damages for Wrongful death
The loss of a loved one due to medical negligence can be a stressful and financially draining experience for the family. A representative can file a lawsuit to recover damages for medical and funeral expenses, out of pocket costs such as home health care equipment or nursing assistance as well as loss of future earnings, lost opportunity to inherit and much more. A plaintiff’s attorney may hire economists to estimate the lifespan of the deceased and determine the expected income.
Damages associated with wrongful death include punitive and compensatory damages. Compensatory damages compensate victims for expenses out of pocket and other losses that are easily quantifiable, such as future and present medical expenses or loss of consortium; the pain and suffering of the victim; disfigurement; and mental distress. Punitive damages are awarded to those who engage in egregious conduct like leaving sponges in patients ‘ limbs during surgery that require a second operation to remove.
A wrongful-death action can be filed as part of an ongoing malpractice case or in conjunction with a survival case. To ensure that the plaintiff gets the full amount of damages the wrongful death case requires an attorney who has experience in medical malpractice law firms cases. An experienced lawyer can review all evidence and documents to determine the amount the victim owes. A skilled attorney can present a convincing argument to the jury and ensure that all damages eligible for reimbursement are included in the final settlement or verdict.