Types of Medical Malpractice Compensation

There are many states that have limits on the amount of damages that the victim of medical malpractice lawsuits malpractice can get. These caps usually cover specific, measurable losses such as medical bills or lost wage.

However medical malpractice cases typically have non-economic consequences, such as pain and suffering. The experienced lawyers at Sobo & Sobo can help you build a strong case to recover compensation for these losses in the following areas.

Loss of Earnings Potencial

If the injury caused by medical malpractice compromises your ability to earn income You can seek compensation for the loss of wages. However, proving these losses can be challenging. You must prove that the doctor's negligence caused your injuries directly and not only indirectly. This isn't easy particularly if it involves an existing condition that a medical professional misdiagnosed or ignored.

You may be entitled to both economic and non-economic damages, based on the nature of the error. Non-economic damages are based on the effect the injuries have had on your life quality. It's often difficult to put a dollar amount on this, so your lawyer must use expert testimony, charts and graphics to show the effect of negligence.

In certain cases the medical negligence could be so egregious that you are able to be able to claim punitive damages. These damages are designed to punish the healthcare professional who has engaged in a shocking behavior. This kind of damage award is not so common, however it is possible to award it in certain situations, including instances where the healthcare professional acted in recklessness or with malice.

Medical malpractice claims can be expensive to pursue. There are court filing fees, medical malpractice Attorney records and other costs for documentation that can add up quickly. Your lawyer will also have to employ experts to look over your case and determine whether medical professionals have violated their obligation to you.

Permanent Disability

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

The non-economic damage is harder to quantify in terms of a dollar amount, but they may include any decrease in the quality of life. They can also include pain and suffering, emotional and psychological stress. The lawyer of the claimant will utilize the testimony of friends and family to help jurors understand the impact that the injury has caused on the victim's daily life.

A good NYC medical negligence lawyer will thoroughly review every piece of evidence to determine the worth of the claim. This includes a look at the medical malpractice statute of limitations, which sets a time limit on the amount of time after an accident plaintiff can file a lawsuit.

The value of a medical negligence claim will be determined by the severity of the accident, with higher settlement amounts tending to be reserved for more serious injuries. For instance, a medical malpractice law firms professional might have misdiagnosed an individual suffering from a condition like cancer, which can be life-threatening. The most serious injuries are more likely to cause permanent disability. This can increase the cost of an insurance claim.

Suffering and Pain

Victims of medical malpractice can also seek compensation for the physical pain they've suffered due to the negligence of a physician. Physical pain may be based on an injury to the body, for instance fractured bones, and may include loss of of motion, scarring, the inability to exercise or sleep and sexual dysfunction and other injuries that affect the quality of life for the victim.

Compensation for medical malpractice can include compensation for suffering and psychological pain. Psychiatric injuries like anxiety, depression, suicidal thoughts and post-traumatic stress disorder (PTSD) can be extremely painful and cause physical pain as well. In addition, the loss of mental health may also affect a person's ability to maintain healthy relationships and affect their overall quality of life.

Damages can be classified into two categories: economic or "special" damage, which is based on the calculation of losses and general damages, like pain and discomfort. Non-economic damages are difficult to quantify in dollars, which is why it can be hard to determine the proper amount.

There are various methods for calculating the value of an award for pain and loss such as using a multiplier method, which adds up the damages for special damages and multiplies that amount by a specified amount that ranges from 1.5 to 5. There are some states that have caps on this type of award, but judges in many instances will not be able to reverse the jury's decision.

Loss of Future Earnings

Medical malpractice victims are entitled to a variety of damages including loss of future earnings. This is the amount a victim would have earned if they were able to work at their previous job, or if they could have gotten an opportunity that was suited to their physical limitations. This is a complex type of damage, which often requires the help of an expert economist to calculate.

Loss earnings calculations are straightforward in the event that the victim earned at an hourly rate. An attorney can multiply an individual's hourly rate by the amount of hours they did not work to find the total amount of lost wages. If you were paid an income, you'll be required to think about the time that you were unable to work, in addition to your pay and benefits.

While the calculation of lost income is quite easy, future losses are much more complicated. An attorney will need to take into account the cost of any future treatment as well as any costs which are reasonably anticipated based on the victim's current health.

In the event of seeking compensation for medical malpractice, it's important to have a seasoned lawyer on your side. At Weltchek Mallahan & Weltchek, our team can help you determine the best approach to pursue financial compensation. Contact us today to set up a free consultation. Medical errors can be a major issue that can result in significant damage. Our legal team will review your case thoroughly and medical malpractice attorney fight for the justice you deserve.