Malpractice Compensation

Malpractice compensation often is used to cover future and past medical expenses. It may also compensate victims for lost income and their capacity to work.

Non-economic damages are more difficult to quantify. They can be characterized by pain, irritation, frustration, and distress. They are usually calculated using a severity ratio.

To prove malpractice the plaintiff must prove that a doctor had a duty to act professionally, that this duty was breached and resulted in injury and resulted in certain damages.

Damages for Suffering and Pain

The suffering and pain are among of the most difficult damages to quantify in a medical malpractice case since they can be very subjective. Pain and suffering aren't economic losses, like hospital bills or lost wages that can be calculated to the penny. Instead, they are the victim's feelings of pain, anxiety and discomfort resulting from the negligence of the malpractice.

The physical pain that is caused by injuries from malpractice can range from mild to severe. The psychological and emotional pain can be more severe. This can include anxiety, anger, depression, fear or frustration, irritability loss of enjoyment of life and other negative effects to the quality of life of a person that a jury might take into consideration when determining the amount of damages.

Examples of permanent impairments are scarring, disfigurement, or loss of legs. They can make it difficult to exercise or maintain healthy relationships and complete daily tasks. In certain cases the attorney could solicit expert witnesses to discuss the impact of the injury on the victim's life quality.

Although it is difficult to establish an exact dollar amount on the damages, a jury will use their knowledge, experience, and common sense in determining the value. In this regard, it is essential to have an experienced and proficient legal team to your side to ensure that you're able to recover the full amount of your losses.

Damages for Economic Loss

Economic damages compensate a victim for the financial costs caused by a medical malpractice injury. They typically cover past and future medical expenses associated with treatment or treatment for injuries resulting from malpractice. They also cover lost income if the injury prevents the victim from working or limits their earnings capacity. The damages can be proved through documentation, like medical bills and wage records however certain types that are economic losses may require expert testimony from an expert to prove.

A patient who has sustained serious physical injuries as a result of medical negligence may require extensive long-term care. This may include surgeries, medications and physical therapy. The cost of this treatment could be in the millions of dollars over the course of a lifetime.

In some cases, a lack of care on the part of a medical professional can cause a permanent disability such as cerebral palsy or parlysis. This can lead to expensive ongoing treatment, and a substantial reduction in the patient's life quality.

In some states, there are limits on the amount of damages that a victim can receive in a case of medical malpractice. These limitations have been struck down in several courts because they are deemed unconstitutional and impose a burden on the right of an injured person to a fair legal remedy. New York does not impose damage caps, so victims are able to receive the full amount of their damages from an effective malpractice claim.

Damages for Noneconomic Loss

Some injuries from medical malpractice are more difficult to determine a dollar amount on the basis of suffering and pain, as well as the loss of enjoyment of life. While these damages are difficult to quantify but it is possible to determine the amount by using testimony from witnesses and financial analysis to back the claim.

Compensation also covers future and past medical costs. This could include hospital costs such as in-home medical care, medical equipment, and more. Compensation may also cover future earnings and lost income, if the injury hindered the victim's work.

When calculating these damages the jury and judge will take several aspects into consideration. For instance in the event that a medical error resulted in injury that decreases the quality of life of the victim the judge and jury may award noneconomic damages to compensate for this loss in quality of life. This could include the cost of hiring a person to perform the tasks that the injured individual can no longer perform like cooking, cleaning, or caring for children.

In certain instances the conduct of a doctor could be so reckless or negligent that punitive damage is appropriate. They are designed to penalize the offender and also send a message others in the health care sector. This is typically limited to instances that are particularly outrageous and demonstrate a blatant disregard for the safety of patients.

Damages for Wrongful death

Losing a loved one to medical negligence can be a stressful and financially draining experience for the family. A representative can file suit to recover damages from the deceased for funeral and medical expenses including out-of-pocket expenses like nursing or home health assistance and loss of future earnings potential, lost inheritance and so on. A plaintiff's lawyer can hire expert economists to evaluate the life expectancy of the deceased, and calculate projected lost income.

Compensation and punitive damages are available for wrongful deaths. Compensation damages pay victims for out-of-pocket losses and other losses that are easily quantifiable including future and present medical expenses as well as loss of consortium, suffering and disfigurement and mental suffering. Punitive damages punish wrongdoers for the most egregious of actions, like leaving a sponge in the body of a patient in the course of surgery and requiring a second procedure to remove it.

A wrongful death case can be filed in addition to an ordinary malpractice case or as part of a survival lawsuit. To ensure that the plaintiff gets the full amount of damages in a wrongful-death case, it needs an attorney with experience in medical malpractice lawyers cases. An experienced lawyer can review all evidence and documents to determine how much the victim is due. A skilled attorney will present a persuasive case to the jury and make sure that all eligible damages are included in the final settlement or verdict.