Malpractice Compensation

Malpractice compensation usually covers past and future medical costs. 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 malpractice lawsuit include suffering or distress, as well as frustration and anger. They are typically calculated using a severity factor.

To prove malpractice, a plaintiff must demonstrate that a doctor's duty is to behave professionally. This duty was violated that resulted in injury.

Damages for Suffering and Pain

In a medical malpractice lawsuit the pain and suffering of the victim can be difficult to quantify since they are subjective. They are not economic losses such as hospital bills or lost wages that can be calculated to the penny. Instead they are the feeling of distress, anguish and discomfort caused by the negligent malpractice.

The physical pain caused by injuries from malpractice can range from mild to severe. However the psychological and emotional suffering can be more intense. This could include anxiety and depression anger, fear, frustrated, irritability and other negative effects on the individual's life. The jury can consider these when determining damages.

A few examples of such damage could include scarring, disfigurement the limbs, or other permanent impairments that limit the ability to exercise, maintain healthy relationships and perform the essential tasks of daily life. In certain cases lawyers may choose to call expert witnesses who can discuss the impact on the victim's quality of life.

Although it is difficult to put an exact dollar amount to these damages, a judge will rely on their knowledge, experience and common sense to determine the value. This is why it is important to have an experienced and skilled legal team to your side to ensure that you're successful in recovering the full amount of your losses.

Damages for Economic Loss

Economic damages compensate a victim for the financial costs caused by a medical malpractice injury. Typically, these costs include future and past medical expenses associated with treatment or therapy for a malpractice-related injury. They also cover lost income in cases where the injury prohibits the victim from working or reduces their earnings capacity. These damages can be proven with evidence, such as medical bills and wage records but some items of economic loss could require expert testimony in support.

For example, a patient who suffers severe physical injuries due to medical negligence may require a long-term, extensive care plan, including surgery, medication, and physical therapy. The cost of these services could reach the millions of dollars over the course of a lifetime.

In some cases, a lack of care on the part of a medical professional could result in a permanent impairment such as cerebral palsy or parry. This can lead to expensive ongoing treatment, and a substantial reduction in the patient's life quality.

In certain states, there are caps on the amount of damages that a victim can receive in a medical malpractice lawsuit. These limitations have been ruled out by some courts because they are considered to be unconstitutional limitations on an injured person's rights to a fair legal remedy. New York does NOT impose damage caps. Victims can recover the full amount they owe for their losses in the past and the future when they win a negligence claim.

Damages for non-economic losses

Certain medical malpractice related injuries are more difficult to quantify, such as discomfort and pain and loss of enjoyment. While these damages can be difficult to quantify however, it is feasible to do so witness testimony and financial analysis to back the claim.

Economic losses are also covered by compensation, such as future and previous medical expenses. This could include hospital bills, in-home care, medical accessories, and much more. Additionally, compensation may provide for lost income in the event that the injury has prevented a victim from working, and also the loss of future earnings.

In calculating these damages the judge and jury will take several factors into account. For example when a medical mistake resulted in injury that decreases a victim's quality of life the judge and jury could award damages that are not economic due to the loss in quality of life. This could include the cost of hiring someone to complete the tasks that the injured individual is unable to perform, such as cooking, cleaning, or caring for children.

In some instances the conduct of a doctor may be so reckless or negligent that punitive damages are appropriate. These are designed to punish the offender and to send a message to others in the health industry. This is usually limited to cases of gross negligence and careless disregard for safety of patients.

Damages for wrongful death

The loss of a loved one because of medical negligence can result in a great deal of stress and financial hardship for family members. A representative can bring a lawsuit to recover damages for funeral and medical expenses, costs out of pocket like home health equipment or nursing aid or loss of future earnings, the possibility of inheritance, and more. A plaintiff's lawyer can hire expert economists to evaluate the life expectancy of the deceased and calculate the projected loss of income.

Damages for punitive and compensatory are available in the case of wrongful deaths. Compensatory damages compensate victims for the cost of their own expenses and other easily quantifiable losses, such as current and future medical expenses or loss of consortium; disfigurement and pain and mental anxiety. Punitive damages punish those who commit the most egregious of actions, like leaving a sponge inside the body of a patient during surgery and then requiring a second surgery to remove it.

A wrongful death case may be filed as part of an ongoing malpractice case or with a survival action. A wrongful death claim requires a skilled lawyer handling medical malpractice cases to ensure the plaintiff receives all available damages. A skilled lawyer will examine all the evidence and documents to determine the amount a victim could be entitled to. A skilled attorney will present a persuasive case to the jury and make sure that all the damages deemed eligible are included in the final settlement or verdict.