Types of Medical Malpractice Compensation

Many states limit the amount of damages a victim of medical malpractice could receive. The caps typically only cover measurable, specific losses such as the cost of medical bills and lost wages.

However, medical malpractice cases often include non-economic damages such as suffering and pain. The experienced lawyers at Sobo & Sobo will help you to build a case for compensation in the following areas.

Loss of Earnings Potential

If the injury caused by medical negligence hinders your ability to earn income, you can recover damages for lost earnings. However, proving that these losses can be challenging. You must demonstrate that the doctor's negligence was the primary cause of your injuries, and not being merely related to them. This can be difficult particularly if the doctor failed to recognize or treated an existing medical condition.

Depending on the type of medical malpractice, you may be entitled to non-economic damages as well as economic damages. Non-economic damages are based on the effect the injuries have affected your quality of life. It's sometimes difficult to put an amount of money on this, so your attorney will require expert testimony, charts and graphics to prove the consequences of the negligence.

In certain cases the medical negligence could be so egregious that you could claim punitive damages. These are meant to punish the healthcare provider for his or her outrageous behavior. This type of damage award is not as common, but it is possible to award it in certain instances, such as instances where the healthcare professional acted with malice or recklessness.

Medical malpractice claims can be expensive to pursue. There are court filing fees, medical records and other costs for documentation which can quickly add up. Your lawyer will need to select experts to examine your case to determine whether medical professionals have breached their duty of care to you.

Permanent Disability

medical malpractice attorneys (her response) malpractice cases are often complex, with many types of damages that are available. Compensation can cover costs like future medical procedures, ongoing medical treatment, or lost wages, if an injury caused someone to miss work. It can also cover non-economic losses like pain and discomfort.

Non-economic damages can be difficult to quantify, but may include any reduction in the quality of life. They may also include emotional and psychological distress, as in addition to suffering and pain. The lawyer for the claimant will utilize testimony from friends and family members to help a jury to understand the impact of the accident on the victim's life.

A reputable NYC medical negligence lawyer will scrutinize all evidence to determine the claim's value. This includes reviewing the medical malpractice statute of limitations, which sets a time limit on the length of time that after an accident the plaintiff is allowed to bring a lawsuit.

The value of a medical malpractice claim will be determined by the severity of the incident as well as the severity of the injury, with larger settlement amounts tend to be reserved for more severe injuries. For instance, a medical malpractice lawyer professional may have misdiagnosed patients suffering from a condition like cancer, which can be life-threatening. The most serious injuries are also more likely to cause an indefinite disability, which increases the cost of an insurance claim.

Pain and Suffering

Medical malpractice victims can also seek compensation for the physical pain they've felt because of the negligence of a doctor. Physical pain could be based on an injury to the body, like broken bones. This can include loss of range of motion, scarring, the inability to exercise or sleep and sexual dysfunction; and other injuries that affect the victim's quality of life.

Compensation for medical malpractice can include compensation for psychological pain and suffering. Psychological injuries such as anxiety, suicidal thoughts, depression and post-traumatic stress disorder (PTSD) can be incredibly debilitating and can cause physical pain as well. The loss of mental health could also affect a person's capacity to work, maintain healthy relationships, and their overall quality.

Damages are usually divided into two categories which are economic or "special" damages, which are based on calculable financial losses and general "non-economic" damages such as pain and suffering. 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 for formulating the value of the pain and suffering award such as using a multiplier method which adds up all damages that are specific and multiplies the result by a specified amount that ranges from 1.5 to 5. Certain states have caps on this type of award, however judges in a majority of instances will not be able to reverse the verdict of the jury.

Loss of future earnings

Medical malpractice victims are able to recover various damages, including future loss of earnings. This is the amount that a victim could have earned if employed at their previous job, or if a job available that would have been suitable for their disability. This is a complex item of damage and frequently requires expert economists to calculate.

Calculating lost earnings is simple for those who earn an hourly wage. A lawyer can multiply the hourly rate of an individual by the number hours they were absent to determine their total lost wages. If you were on salary, you'll have to consider the period that you could not work, in addition to your pay and benefits.

While the process of calculating lost earnings is fairly easy, future losses are much more complicated. A lawyer must think about the cost of any future treatment, in addition to any costs that are reasonably anticipated according to the victim's present condition.

If you are seeking compensation for medical malpractice, it's crucial to have an experienced lawyer by your side. At Weltchek Mallahan & Weltchek, our team will help you determine the best approach to pursue financial compensation. Contact us today to schedule an appointment free of charge. Medical errors can be a grave problem that can cause significant damage. Our legal team is ready to take a thorough look at your case and fight for the maximum amount of compensation you deserve.