Types of Medical Malpractice Compensation

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

However medical malpractice cases usually involve non-economic losses such as pain and suffering. The experienced attorneys at Sobo & Sobo can help you establish a strong case for compensation for these damages in the following areas.

Loss of Earnings Potential

If the injury caused by medical malpractice hinders your ability to earn income you may be able to claim damages for lost earnings. However, proving that these losses is not easy. You must show that the negligence of the doctor caused your injuries, not being merely related to them. This isn't easy especially when it comes to an existing condition that the medical professional ignored or misdiagnosed.

In the event of medical malpractice, you could be entitled to non-economic damages and economic damages. Non-economic damages are based on the effect the injuries have affected your quality of life. Your lawyer will use expert testimony as well as charts and graphs to demonstrate the consequences of negligence.

In certain instances the medical negligence may be so egregious that you may be able to seek punitive damages. These damages are designed to penalize the healthcare provider who has engaged in a shocking behavior. This type of damages award isn't uncommon, but it could be awarded when the healthcare provider was acting with negligence or with malice.

Medical malpractice claims can be expensive to pursue. There are court filing fees, medical records and other documentation costs that can add up quickly. Your lawyer will need to employ experts to analyze your case to determine whether medical professionals have violated their duty of care 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 such as the anticipated future medical procedures, any ongoing medical treatment or care, and lost wages if the injury causes an employee to be absent from work. It can also cover non-economic losses like pain and discomfort.

Non-economic damages are more difficult to quantify in terms of dollar value, but they could include any decrease in the quality of life. They may also include emotional and psychological distress, as in addition to pain and suffering. The lawyer representing the claimant will use testimony from friends and family members to help a jury comprehend the impact of the accident on the victim's life.

A good NYC medical negligence lawyer will thoroughly review every piece of evidence to determine the value of the claim. This includes a thorough review of the medical malpractice statutes of limitation that restricts the time a plaintiff can file a suit after an accident.

The value of a medical malpractice claim will be determined by the severity of the injury and the amount of settlement being reserved for more serious injuries. For instance, a doctor may have erroneously diagnosed an individual suffering from a condition such as cancer, which is life-threatening. The most serious injuries are more likely to cause permanent disability. This can raise the cost of an insurance claim.

Pain and Suffering

Patients who suffer from medical malpractice attorneys malpractice can seek compensation for the physical pain they've suffered as a consequence of negligence by a doctor. Physical pain can result on an injury to the body, like broken bones. This can include loss of range of motion; scarring; the inability to exercise or sleep as well as loss of sexual function; and other injuries that diminish the victim's quality of life.

Pain and suffering from psychological causes could also be a component of the compensation given to victims of medical malpractice. Mental health issues such as depression, anxiety, thoughts of suicide, and post-traumatic disorder (PTSD) are frequently debilitating and cause physical pain. The decline in mental health can also affect a victim's capacity to work and maintain healthy relationships and medical malpractice overall quality of life.

Damages can be divided into two types: economic or "special" damage that is based on measurable losses and general damages, like discomfort and pain. It isn't always easy to determine the proper amount of non-economic damages because they aren't easily quantifiable in dollars.

There are several ways to calculate the value of an award for pain and suffering, including using a multiplier. This method is a way of adding all damages together, and then multiplies that number by a set amount between 1.5 and 5. There are a few states that have limits on this kind of award, but judges in most cases are not able to overturn the verdict of a jury.

Loss of future earnings

Medical malpractice victims can recover many different damages, including future loss of earnings. This is the amount that a victim could have earned if in a position to work at their current job or if they had a job accessible to them that was suited to their condition. This is a nitty-gritty type of damage and frequently requires experts in economics to determine.

Calculating lost earnings is simple in the event that the victim earned an hourly wage. An attorney can multiply an individual's hourly rate by the amount of hours they were absent from work to find their total lost wages. If you were paid the salary side, you'll have to consider the period you were unable to work in addition to your salary and benefits.

While the process of calculating lost income is relatively simple, future losses are much more complicated. The attorney will have to consider the cost of treatment in the future as well as the expenses which are reasonably expected due to the condition of the patient.

It is crucial to have a lawyer who has experience on your side when pursuing compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team of lawyers can help you determine the best method to pursue your financial recovery. Contact us today to schedule an initial consultation for free. Medical errors are a major problem that can cause significant harm. Our legal team is prepared to look closely at your case and fight for the maximum compensation you are entitled to.