Types of Medical Malpractice Compensation

Some states have limits on the amount of damages a medical malpractice victim can be awarded. These caps typically cover specific, tangible losses like medical bills and lost wages.

However, medical malpractice lawsuits malpractice cases often have non-economic consequences, such as suffering and pain. The skilled attorneys at Sobo & Sobo will help you build a case for compensation in the following areas.

Loss of Earnings Potential

If an injury that is the result of medical malpractice hinders your ability to earn income You can seek damages for lost earnings. But proving these losses can be a challenge. You must demonstrate that the doctor's negligence caused the injuries you sustained, not just a result of them. This can be a challenge, especially if the doctor did not recognize or treat the presence of a medical condition prior to it.

Depending on the type of medical malpractice, you may be entitled to non-economic damages and economic damages. Non-economic damages are based on the impact the injuries have affected your life quality. It's difficult to place a dollar amount on this, which is why your lawyer must use expert testimony, charts and graphics to prove the consequences of negligence.

In certain cases medical negligence is so egregious you may be eligible to claim punitive damages. These damages are intended to punish the healthcare professional who has engaged in outrageous conduct. This kind of damages award is not often seen, but it may be awarded if the healthcare provider is guilty of negligence or with malice.

Medical malpractice claims can be costly to pursue. There are court filing fees, medical records, and other costs for documentation that can add up quickly. Your lawyer may also have to hire experts to review your case to determine if medical professionals have violated their obligation to you.

Permanent Disability

Medical malpractice cases can be a bit complicated and can involve a variety of types of damages. Compensation can cover costs like future medical procedures, ongoing treatment and medical malpractice treatment or lost wages in the event of an injury that caused an employee to be absent from work. It can also cover non-economic damages such as pain and discomfort.

Non-economic damages can be difficult to quantify, but may include any decrease in the quality of life. They can also include pain and suffering, emotional and psychological stress. The lawyer representing the claimant will rely on the testimony of friends and family to help jurors understand what impact the injury had on the victim's everyday life.

A good NYC medical malpractice lawyer will take a close look at the evidence to determine the value of the claim. This includes a review the medical malpractice statutes of limitations which determines the length of time a plaintiff must file a suit after an accident.

The value of a medical malpractice claim will depend on the severity of the accident and settlement amounts tending to be reserved for more serious injuries. For example, a doctor may have erroneously diagnosed a patient with a condition such as cancer, which could be life-threatening. The most serious injuries are also more likely to cause permanent disability, which will increase the cost of the claim.

Suffering and Pain

Patients who have suffered from medical malpractice can also seek compensation for the physical pain they've experienced because of the negligence of a medical professional. Physical pain may result from an injury, such as broken bones and may also result in scarring and inability to sleep or exercise or exercise, loss of sexual function and other injuries that affect the quality of life of the victim.

Psychological pain and suffering is also a part of the compensation awarded to victims of medical malpractice. Psychological injuries like anxiety, depression and medical malpractice thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. Additionally, the loss of mental health may affect a person's ability to work or maintain healthy relationships and affect their overall quality of life.

Damages are generally separated into two categories which are economic or "special" damages which are based on calculable financial losses and general "non-economic" damages such as suffering and pain. Non-economic damages are difficult to quantify in dollars, which is why it is difficult to determine the proper amount.

There are a variety of methods to determine the value of an award for pain and suffering, including using a multiplier. This method adds all special damages in a single calculation and then multiplies the number by a specified amount between 1.5 to 5. Certain states have limits on this kind of award, however judges in the majority of cases will not uphold the verdict of the jury.

Loss of Future Earnings

Medical malpractice victims can claim various damages, including loss of future earnings. This is the amount the victim could have earned had they been able to work at their previous job or if they were able to get a job that suited their physical limitations. This is a complicated item of damage that typically requires the help of an expert economist to calculate.

Calculating lost earnings is simple if the victim was working an hourly wage. A lawyer can multiply the hourly rate of a worker by the number hours they did not work to determine their total lost wages. If you are on an income, you'll have to take into consideration the time you were unable to work along with your salary and benefits.

While the process of calculating lost income is relatively straightforward, future losses are much more complicated. A lawyer must consider the cost of any treatment that is to be planned in the future, and any other costs that are reasonably anticipated in light of the victim's current condition.

It is crucial to have a lawyer with experience to assist you in pursuing compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team will help you determine the best approach to pursue your financial recovery. Contact us today for an appointment with us for a no-cost consultation. Medical errors can be a serious issue that can cause significant damage. Our legal team will look over your case thoroughly and fight for the compensation you are due.