Malpractice Compensation

Malpractice compensation typically covers future and past medical costs. It also pays compensation to victims of loss of income and their inability to work.

Non-economic damages can be more difficult to estimate. They can be defined as pain and discomfort, frustration and anxiety. They are typically calculated using a seriousness factor.

To establish negligence in a lawsuit, the plaintiff must establish that the doctor was bound by the obligation to act professionally; that this obligation was breached and resulted in injury; and that the injury caused damages in a specific way.

Damages for Suffering and Pain

The pain and suffering of a victim is one of the most difficult damages to quantify in a medical malpractice case because they can be very subjective. In contrast to economic losses such as hospital bills and lost wages which can easily be calculated to the penny, the pain and suffering are the individual experiences of discomfort, distress and anxiety that were brought about by the negligent malpractice.

The physical discomfort associated with malpractice injuries can be mild to severe. However the psychological and emotional suffering can be more severe. This can include anxiety and depression, fear, anger, angry, frustrated and other negative effects on the life of a person. The jury could take these into consideration when determining damages.

Examples of permanent impairments include scarring, disfigurement or the loss of legs. They can make it difficult to exercise, maintain healthy relationships, and perform daily tasks. In some cases the attorney could solicit expert witnesses to explain the impact of the injury on the quality of life of the victim.

It is difficult to establish the exact dollar value of these damages. A jury will use its experience, knowledge and common sense to determine their value. In this regard, it is important to have an experienced and competent legal team on your side to ensure that you are in a position to recover the entire amount of your losses.

Damages for Economic Loss

Economic damages pay a victim for the financial burdens associated with a medical lake oswego malpractice lawsuit injury. Typically, these damages cover past and future medical expenses incurred in the course of treatment or treatment for an injury resulting from malpractice. These expenses also include lost income if an injury prevents a victim from working or decreases the earning capacity of a person. The damages can be proved with evidence, such as medical bills and wage records, but certain aspects of economic loss could require expert testimony to prove.

A patient who has suffered severe physical injuries due to medical malpractice may require intensive long-term care. This could include surgery, medication and physical therapy. The cost of this care could be millions of dollars in a lifetime.

In some instances, the negligence of an medical professional could result in a permanent impairment such as cerebral palsy, or paralysis. This can result in expensive continuing treatment and a major reduction in the patient's life quality.

In some states there are limits on the amount that an individual who has been the victim of medical negligence is entitled to as damages. These limitations were struck down by some courts because they are deemed to be unconstitutional restrictions on the right of an injured person to a fair legal remedy. New York does not impose damages caps, so that the victims can claim the full amount of their past and future losses from an effective malpractice claim.

Damages for non-economic losses

Some medical tomball malpractice lawsuit injuries are difficult to quantify, for example, pain and discomfort and loss of enjoyment of living. While these damages are difficult to calculate but it is possible to do so using testimony from witnesses and financial analysis to support the claim.

Economic losses are also compensated, including future and previous medical expenses. This can include hospital bills and in-home care, medical accessories, and much more. In addition, compensation could be paid to compensate for lost income if the injury has prevented the victim from working, as well as future losses of earnings.

In the calculation of damages, both a jury and judge consider several factors. A jury and judge can decide to award noneconomic damages, if such an injury caused by a medical mistake reduces the quality of life of the person injured. This includes the cost of hiring someone to perform tasks that the injured party cannot perform, like cleaning, cooking meals and taking care of their children.

In some cases an individual doctor's actions may be reckless or negligent that punitive damage is appropriate. They are intended to punish the defendant and convey a clear message to other health care professionals. This is typically limited to cases that are particularly shocking and show a complete disregard for the safety of the patient.

Damages for wrongful death

The loss of a loved one due to medical negligence can cause a lot of stress and financial losses for family members. A representative can bring suit to seek damages from the deceased's estate to pay medical and funeral costs in addition to out-of-pocket expenses, such as nursing or home health assistance or loss of future earnings potential, lost inheritance, etc. The attorney for the plaintiff may employ economists to estimate the life span of the deceased and determine the expected income.

Compensation and punitive damages are available in the event of wrongful deaths. Compensation damages pay victims for the cost of their losses and other damages that are easily quantifiable such as medical expenses and future medical expenses such as pain and suffering; mental suffering; and loss of consortium. Punitive damages punish wrongdoers who commit infractions that are egregious like leaving sponges in patients during surgery which require a second operation to remove.

A wrongful death action could be filed as a part of an ongoing malpractice case or with a survival action. To ensure that the plaintiff receives the full amount of damages the wrongful death case requires an attorney who has experience in medical malpractice cases. An experienced lawyer will review all evidence and documents in order to determine the amount a victim may be owed. A skilled attorney will present a persuasive case to the jury and make sure that all damages eligible for reimbursement are included in the final settlement or verdict.