Understanding Your Rights to Medical Malpractice Compensation in New York

Medical malpractice can result in a number of losses such as medical expenses that are costly loss of wages, as well as non-economic losses like suffering and pain. A New York attorney who is competent can assist you in understanding the rights to compensation that you are entitled to.

The first step is to determine whether you suffered injuries as a result of a medical error. Then you can file an action for malpractice.

Medical expenses

The expense of medical treatment to treat injuries is the most obvious. It is important to know that this category of damages is restricted by state law at a level established in the liability policy of a healthcare provider's insurance policy. Certain states also have established injured patient compensation funds to reduce the perceived cost of litigation and help providers reduce their liability insurance costs.

Victims can claim compensation in addition to medical expenses in the event that negligence is found to be the cause. These are known as special or economic damages. They include the costs of any medical treatment (past and future) which are required to address the injury resulting from the malpractice, as well the loss of income caused by being unable to work due to the injury.

The damages for pain and suffering are also typical in medical malpractice cases. This type of damage is subjective and could vary widely between plaintiffs. This includes emotional distress, physical pain and other physical consequences of the negligence. For instance the plaintiff may be compensated for a doctor's mistake that caused her to miss an important cancer screening appointment.

In certain cases the punitive damages may be granted. These are meant to punish doctors for particularly unprofessional actions, such as leaving a sponge in the body of a patient after surgery.

Suffering and pain

In medical malpractice attorneys cases it is a matter of pain and suffering. It is a type non-economic damages. They cover the emotional and physical trauma that a victim suffered because of the medical professional's negligence. The symptoms could be mild like anxiety or discomfort, or they can be major such as loss of enjoyment in life or depression, malpractice attorney embarrassment, or anxiety.

It's not easy to put an exact dollar amount on suffering and pain, so jury instructions typically leave it to jurors to make use of their own judgment of their background, malpractice attorney experience, and knowledge in determining what they believe is fair and reasonable. The amounts that are awarded in malpractice suits vary widely.

Your medical malpractice attorney can help you prove the severity of your suffering by using evidence that can be used to prove your case. X-rays and photos, as well as home movies, models and diagrams can assist jurors in understanding the severity of your injuries.

If a doctor's negligence caused the death of a patient, the survivors can seek compensation through the wrongful-death lawsuit or statutes. Wrongful death law permits the spouse and children of a victim killed to receive the same amount of compensation they would have received had the patient survived. The amount that a victim can receive is typically limited by the state's caps on pain and suffering. It is essential to find a skilled medical malpractice lawyer on your side in order to fight for the compensation you're entitled to.

Loss of wages

You may be able to recover lost wages if you miss work due to medical malpractice. This amount includes your base salary, bonuses, commissions and benefits from employment. Also, it includes any pay raises or pay increases. Your attorney will examine your pay stubs for the previous year to calculate your average earnings prior to your injury. You will then subtract out your missed work to arrive at your total lost earnings. Your attorney can assist you to determine the loss you will incur in the future income by using a present value calculation. This is an analysis of financials that analyzes the consequences of your injuries in the future on your ability to earn money. It's usually performed by a specialist hired through your attorney.

In addition to reimbursing your economic losses, you may also recover non-economic damages to compensate for pain and suffering that was caused by the incident. The jury will determine the appropriate amount of compensation, which can vary from case to case. However, some states have caps on these damages, and have been ruled unconstitutional in a number of cases.

Settlements of seven figures are generally caused by serious permanent injuries or wrongful death caused by extreme healthcare neglect. For example, surgical mistakes resulting in amputations, mistakes in obstetrics that lead to infant brain damage and maternal deaths, and anesthesia errors leading to comas may all warrant high-value settlements. Punitive damages, designed to punish bad behavior are also available in certain cases.

Damages that could be incurred for future medical care

In medical malpractice cases there are two types of damages a plaintiff can pursue: non-economic and economic damages. The former are based upon calculable financial losses, like future and past medical expenses. The latter are more difficult to quantify and encompass pain and suffering and loss of enjoyment of life. In a medical negligence lawsuit, the jury must hear expert testimony to assess the losses of these kinds.

Past medical expenses are relatively easy to prove by providing actual bills from the victim's health medical providers. The attorney for the plaintiff will submit medical evidence to demonstrate what treatments are likely to be required in the future, and what they cost now. The amount of future medical treatment needed can be affected by the age of the victim at the time of the malpractice.

Proving damages for future lost earnings is possible if you can show how the injury has affected the patient's future earnings capacity and ability to work. This can be proved by expert testimony from a witness or by looking at similar cases from the past.

Pain and suffering is a umbrella term that encompasses the mental and physical discomfort and suffering that patients experience due to medical malpractice. The type of damages are typically based on testimony from the victim and other witnesses and evidence such as videotapes, photographs and written reports.