Types of Medical Malpractice Compensation

Some states have limits on the amount of damages that the victim of medical malpractice can claim. These caps usually cover specific, tangible losses such as medical expenses and lost wage.

Medical malpractice cases typically result in non-economic damages, such as pain and suffering. The experienced lawyers at Sobo & Sobo can help to build a strong case to claim compensation for these damages in the following areas.

Loss of Earnings Potential

If an injury caused by medical malpractice compromises your ability to earn income, you can recover compensation for lost earnings. But proving these losses isn't easy. It is essential to prove that the doctor's negligence caused your injuries directly and not only indirectly. This isn't easy, especially when it involves an existing condition that a medical professional did not recognize or misdiagnose.

You could be entitled to both economic and non-economic damages based upon the nature of the malpractice. Non-economic damages are determined by the effect of the injuries on your quality or life. It's sometimes difficult to put the value of this, which is why your lawyer will require expert testimony, charts and graphs to show the effect of negligence.

In certain cases medical negligence is so severe that you are able to claim punitive damage. These damages are intended to punish the healthcare provider who has committed a shambolic behavior. This kind of damage award is not as widespread, but it is possible to award it in certain circumstances, for instance when the healthcare provider acted with recklessness or malice.

Medical malpractice claims are expensive to pursue. There are court filing fees, medical records, and other costs for documentation that can add up quickly. Your lawyer will also have to hire experts to review your case and determine whether medical professionals violated their duty to you.

Permanent Disability

Medical malpractice cases can be a bit complicated and can involve a variety of types of damages. Compensation covers costs such as the anticipated future medical procedures, ongoing treatment or care and lost earnings if an injury causes people to miss work. It could also include non-economic damages, such as suffering and pain.

Non-economic losses are difficult to quantify in a dollar amount, but they may include any reduction in quality of life. They may also include suffering and pain, emotional and psychological distress. The lawyer representing the claimant will use testimony from family members and friends members to aid jurors be aware of the effects of the accident on the victim's life.

A good NYC medical malpractice lawyer will thoroughly review the evidence to determine the worth of an action. This includes a thorough review of the medical malpractice lawsuits malpractice statute of limitations which puts a limit on the length of time that after an accident the plaintiff is allowed to file a lawsuit.

The value of a medical malpractice claim will depend on the severity of the injury and settlement amounts being reserved for more severe injuries. For instance, a medical professional may have erroneously diagnosed patients suffering from a condition like cancer, which could be life-threatening. The most serious injuries are also more likely to result in 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 endured as a result the negligence of a physician. Physical pain may result from an injury, such as fractured bones and can also cause scarring and inability to sleep or exercise as well as loss of sexual activity and other injuries that impact the victim's life quality.

Compensation for medical negligence can include compensation for psychological pain and suffering. Mental health issues such as anxiety, depression and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. Additionally, the loss of mental health may also impact a victim's ability to work or maintain healthy relationships, and impact their general quality of life.

Damages can be divided into two categories, economic or "special" damage that is based upon the possibility of calculable losses as well as non-economic or general damages, like pain and discomfort. Non-economic damages are difficult to quantify in dollars, therefore it can be hard to determine the right amount.

There are a variety of methods for in calculating the value of an award for pain and suffering including using a multiplier method that adds up all damages that are specific and multiplies that number by a particular amount ranging from 1.5 to 5. There are some states that have limits on this kind 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 can recover a wide variety of damages which include future loss of earnings. This includes the amount a victim would have earned if they could work at their previous job, or if they were able to find a job that suited their physical limitations. This is a complicated type of damage that often requires the assistance of an expert economist to calculate.

Calculating lost earnings is easy if the victim earned an hourly rate. A lawyer can multiply the hourly rate of an individual by the number of hours they missed to calculate their total lost earnings. If you earned an income, you'll have to take into consideration the time that you were unable to work, in addition to your pay and benefits.

While calculating lost income is fairly easy, future losses are much more complicated. A lawyer must consider the cost of any treatment that is to be planned in the future, as well as any costs that can reasonably be anticipated based on the victim's current situation.

When seeking compensation for medical malpractice, it's important to have a seasoned lawyer on your side. At Weltchek Mallahan & Weltchek, our team of lawyers can help you determine the best way to pursue your financial recovery. Contact us today for an appointment free of charge. Medical errors are a major issue that can cause serious damage. Our legal team will examine your case in detail and fight for the justice you deserve.