Types of Medical Malpractice Compensation

A lot of states limit the amount of damages that a victim of medical malpractice can be awarded. The caps typically only cover specific, quantifiable losses like medical bills and lost wages.

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

Potencial Loss of Earnings

You can seek damages for lost wages if the injury is caused by medical negligence and affects your ability to earn income. However, proving the loss can be a challenge. You must prove that the negligence of your doctor caused your injuries directly, and not only indirectly. This can be challenging particularly if a doctor failed to recognize or treated the presence of a medical condition prior to it.

You could be entitled to both non-economic damages depending on the type of negligence. Non-economic damages are based on the impact the injuries have affected your life quality. Your attorney will use expert testimony as well as charts and graphs to demonstrate the consequences of negligence.

In some cases medical negligence is so egregious you may be legally able to claim punitive damages. These are designed to punish the healthcare provider who has committed a blatant act of actions. This kind of damage award isn't as common, but it is possible to award it in certain circumstances, such as instances where the healthcare professional acted in reckless or malicious ways.

Medical malpractice claims are expensive to pursue. The cost of court filings, medical records, and other documentation can quickly add up. Your lawyer will need to select experts to examine your case to determine whether medical professionals have violated their duty of care to you.

Permanent Disability

Medical malpractice cases can be complicated and involve various types of damages. Compensation can cover expenses such as future medical procedures, ongoing medical treatment as well as lost wages when an injury has caused someone to miss work. It can also cover non-economic damages such as discomfort and pain.

Non-economic losses can be difficult to quantify, but may include any reduction in the quality of life. They could also include suffering and pain, as well as emotional and psychological stress. The claimant's lawyer will use the testimony of family and friends to help jurors understand what impact the injury had on the victim's everyday life.

A good NYC medical negligence lawyer will carefully review every piece of evidence to determine the worth of the claim. This includes a review the medical malpractice lawyer malpractice statutes of limitations which stipulates the time frame for which a plaintiff has to file a suit after an accident.

The value of a claim based on medical malpractice will depend on the extent and severity of the ailment. Settlements that are higher are reserved for more serious injuries. For example, a doctor may have misdiagnosed patients suffering from a condition like cancer, which could be life-threatening. The most severe injuries are also more likely to cause an indefinite disability, which can increase the cost of a claim.

Suffering and Pain

Medical malpractice victims can also seek compensation for the physical pain they have endured as a result the negligence of a doctor. Physical pain may be based on an injury to the body, like fractured bones, and may include loss of of motion; scarring; the inability to exercise or sleep or sleep; loss of sexual function; and other injuries that diminish the quality of life of the victim.

Psychological suffering and pain can also be a part of the compensation that is awarded to victims of medical malpractice attorney negligence. Mental health issues such as anxiety, suicidal thoughts, depression, and post-traumatic stress disorder (PTSD) can be incredibly physically and mentally limiting, and can trigger physical pain as well. The loss of mental health may also affect a victim's capacity to work, maintain healthy relationships, and their overall quality.

Damages are generally classified into two categories: economic or "special" damages that are based on the possibility of calculating financial losses and general "non-economic" damages, such as suffering and pain. It isn't always easy to determine the proper amount of non-economic damages because they aren't easily quantified in dollars.

There are many methods of making a determination of the value of an award for pain and loss including using a multiplier method that adds up all damages that are special and multiplies that number by a certain amount, ranging from 1.5 to 5. Some states place limits on these types of awards, however in many cases, judges are unable to overturn the verdict of a jury.

Loss of Future Earnings

Medical malpractice victims can claim numerous damages which include future loss of earnings. This is the amount the victim could have earned if they were able to work at their previous job, or if they were able to find an opportunity that was suited to their physical limitations. This is a complicated item of damage that usually requires the help of an expert economist to determine.

Loss earnings calculations are straightforward if the victim was working an hourly wage. An attorney can multiply an individual's hourly rate by the number of hours they were absent from work to find their total lost earnings. If you are on salary, you'll have to consider the period you were unable to work, in addition to your pay and benefits.

While the process of calculating lost income is relatively simple, future losses are more complex. The attorney will need to take into consideration the cost of treatment in the future as well as costs that can be reasonably expected in light of the condition of the victim.

When seeking compensation for medical malpractice, it's important to have an experienced lawyer on your side. Our team at Weltchek Mallahan & Weltchek can help you determine how to most effectively pursue your financial recovery. Contact us today to set up a free consultation. Medical errors are a major issue that can cause serious damage. Our legal team is ready to take a thorough look at your case and fight for the full compensation that you deserve.