Types of Medical Malpractice Compensation

A lot of states limit the amount of damages that a victim of medical malpractice can get. The caps usually only cover specific, tangible losses like medical bills and lost wage.

However Medical Malpractice Attorneys malpractice cases generally include non-economic damages such as pain and suffering. The skilled attorneys at Sobo & Sobo can help you make a convincing case to claim compensation for these damages in the following areas.

Loss of Earnings Potential

You can seek damages for lost earnings if the injury was caused by medical malpractice and impacts your ability to earn income. However, proving that these losses is not easy. It is essential to prove that the negligence of the doctor caused your injuries directly and not only indirectly. This can be challenging particularly if the doctor did not recognize or treat a pre-existing medical condition.

You may be entitled to both non-economic damages based on the nature of the mistake. Non-economic damages are based on the effect the injuries have had on your life quality. Your lawyer will use expert testimony charts, graphs, and graphs to demonstrate the impact of negligence.

In some instances medical negligence can be so egregious you may be able to claim punitive damage. These damages are meant to punish the healthcare professional who has committed a shambolic actions. This kind of damage award is not so common, however it is possible to award it in certain circumstances, Medical Malpractice Attorneys such as when the healthcare provider acted with malice or recklessness.

Medical malpractice claims can be expensive to pursue. The cost of court filings, medical records and other documents can quickly become costly. Your lawyer will have to engage experts to review your case to determine whether medical professionals have breached their duty of care to you.

Permanent Disability

Medical malpractice cases can be complicated, and there are many kinds of damages available. Compensation can cover expenses like future medical procedures, ongoing treatment and treatment or wages lost when an injury has caused someone to be unable to work. It may also cover non-economic damages, such as suffering and pain.

Non-economic damages are harder to quantify in a dollar amount, but they may include any diminished quality of life. They can also include emotional and psychological distress, as along with suffering and pain. The lawyer representing the claimant will use testimony from family members and friends members to aid jurors to understand the impact of the accident on the victim's life.

A good NYC medical malpractice law firm malpractice lawyer will scrutinize the evidence to determine the value of the claim. This includes a look at the medical malpractice statutes of limitations which limits how long a plaintiff must bring a lawsuit following an accident.

The value of a claim for medical malpractice will depend on the magnitude and severity of the damage. Higher settlement amounts are reserved for more serious injuries. For instance, a physician may have misdiagnosed an individual suffering from a condition like cancer, which could be life-threatening. The most serious injuries are also more likely to cause an indefinite disability, which can increase the cost of the claim.

Pain and Suffering

Medical malpractice victims can seek compensation for the physical pain they have experienced as a result of negligence by a doctor. Physical pain may be based on an injury to the body, such as broken bones. It can include loss of of motion; scarring; the inability to exercise or sleep and sexual dysfunction as well as other injuries that diminish the quality of life for the victim.

Pain and suffering from psychological causes can also be a part of the compensation that is awarded to victims of medical malpractice. The psychological injuries that result from them, such as depression, anxiety, thoughts of suicide, and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. Additionally, the loss of mental health can affect a person's ability to maintain healthy relationships and affect their overall quality of life.

Damages are generally classified into two categories that are: economic or "special" damages which are based on tangible financial losses as well as general or "non-economic" damages like pain and suffering. It isn't always easy to determine an appropriate amount for non-economic damages as they aren't easily quantified in dollars.

There are different methods for making a determination of the value of the pain and suffering award such as using a multiplier method that adds all damages that are special and multiplies that number by a specific amount ranging from 1.5 to 5. Certain states have limits on these types of awards, however in the majority of cases, judges are unable to overturn a jury's decision.

Loss of Future Earnings

Medical malpractice victims are entitled to a variety of damages including future earnings loss. This includes the amount the victim would have earned if he or she could work at the previous job or they were able to get an employment that was suitable for their limitations. This is a tangled piece of damage that usually requires the assistance of an expert economist to determine.

Calculating lost earnings is simple when the victim is earning on an hourly basis. A lawyer can multiply the hourly wage of a person by the number hours they did not work to determine their total lost wages. Someone who was working on a salaried job will need to consider the amount of time they were unable to work as well as their salary and benefits.

While calculating lost income is fairly easy, future losses are much more complicated. An attorney will need to examine the costs of any treatment that is to be planned in the future, as well as any costs that can reasonably be anticipated in light of the patient's current state of health.

It is essential to have a lawyer who has experience on your side when you are seeking compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team can assist you to determine the best method to pursue financial compensation. Contact us today to set up an appointment for a no-cost consultation. Medical errors can be a grave problem that can cause significant damage. Our legal team will examine your case with care and fight for the justice you deserve.