Types of Medical Malpractice Compensation

A number of states have limits on the amount of damages a medical malpractice victim can recover. The caps typically only cover measurable, specific losses like medical bills and lost wages.

Medical malpractice cases can often be accompanied by non-economic losses, like suffering and pain. The experienced lawyers at Sobo & Sobo can help you make a convincing case for compensation for these injuries in the following areas.

Loss of Earnings Potencial

You may be able to claim damages for lost earnings if the injury was caused by medical malpractice and affects your ability earn income. It can be a challenge to prove the loss. You must prove that the negligence of the doctor caused your injuries directly and not only indirectly. This isn't easy, especially if the doctor failed to recognize or treated an existing medical condition.

You could be entitled to both economic and non-economic damages based upon the nature of the malpractice. Non-economic damages are based on the effect the injuries have had on your quality of life. Your lawyer will use expert testimony as well as charts and graphs to illustrate the effects of negligence.

In some cases the medical error could be so severe that you can demand punitive damages. They are designed to penalize the healthcare provider for outrageous conduct. This type of damages award is not uncommon, but it could be awarded when a healthcare provider has acted with negligence or with malice.

Medical malpractice claims can be costly to pursue. There are court filing fees, medical records and other costs for documentation which can quickly add up. Your lawyer will also need to engage experts to analyze your case and determine if medical professionals breached their duty to you.

Permanent Disability

Medical malpractice cases can be complicated and involve many different types of damages. Compensation covers costs such as expected future medical procedures, ongoing treatment or care, and lost earnings if the injury leads someone to miss work. It may also cover non-economic damages like pain and suffering.

Non-economic losses are difficult to quantify in terms of a dollar amount, but they can be a diminished quality of life. They could also include suffering and pain, as well as emotional and psychological stress. The lawyer for the claimant will use the testimony of friends and family to help jurors understand what impact the injury caused on the victim's daily life.

A good NYC medical malpractice lawyer will carefully review the evidence to determine the value of the claim. This includes a review the medical malpractice statutes of limitation that determines the length of time a plaintiff must bring a lawsuit following an accident.

The value of a claim for baker medical malpractice law firm malpractice will be determined by the degree and severity of the injury. The larger settlement amounts are reserved for more serious injuries. A doctor may have misdiagnosed cancer in an individual patient, which could be fatal. The most serious injuries are more likely to cause an indefinite disability. This increases the cost of an insurance claim.

Suffering and Pain

Patients who suffer from medical malpractice can seek compensation for the physical pain they've experienced as a result of a doctor's negligence. Physical pain can result from an injury, like broken bones, and can include scarring or the inability to sleep or exercise, loss of sexual function, and other injuries affecting the quality of life of the victim.

Compensation for medical malpractice can include compensation for psychological pain and suffering. Mental health issues such as depression, anxiety thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. The loss of mental health can also affect a victim's capacity to work and maintain healthy relationships and their overall quality.

Damages are generally separated into two categories one being economic or "special" damages, which are based on tangible financial losses as well as general or "non-economic" damages such as pain and suffering. Non-economic damages are hard to quantify in dollars, therefore it can be hard to determine an appropriate amount.

There are a variety of methods for formulating the value of an award for pain and suffering such as using a multiplier method which adds up the damages for special damages and multiplies the number by a certain amount, ranging from 1.5 to 5. There are some states that have limits on this kind of award, however judges in most cases will not uphold the verdict of the jury.

Future earnings loss

Medical malpractice victims can claim various damages which include future loss of earnings. This includes the amount the victim could have earned if he or she could work at their previous job or if they were able to get an opportunity that was suited to their physical limitations. This is a nitty-gritty type of damage that often requires experts in economics to determine.

Calculating lost earnings is simple in the event that the victim earned an hourly rate. A lawyer can multiply the hourly rate of a worker by the number hours they missed to calculate their total lost wage. If you were paid a salary, you will have to consider the period that you were not able to work along with your salary and benefits.

The process of calculating lost income is fairly simple, however the future loss can be more complicated. An attorney must consider the cost of any future treatment, and any other 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 on your side. Our team at Weltchek Mallahan & Weltchek can help you determine how to best pursue financial recovery. Contact us today to set up an appointment for a no-cost consultation. Medical errors can be a serious issue that can cause significant damage. Our legal team will examine your case with care and fight for the compensation you are due.