Malpractice Compensation

Malpractice compensation usually covers future and past medical costs. It can also compensate victims of lost income and their inability to work.

Non-economic damages are more difficult to determine and include pain and suffering as well as distress, frustration and pain. These are usually determined by a severity.

To prove the malpractice, a plaintiff has to show a doctor's duty to perform his duties professionally. The duty was not fulfilled and resulted in injury.

Damages for pain and suffering

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 extremely subjective. The pain and suffering of a patient is not economic losses like hospital bills or lost wages that can be calculated to the penny. Instead, they are the victims' feelings of distress, anguish and pain caused by the negligence.

The physical pain due to malpractice injuries can be moderate to severe. The emotional and psychological pain can be more than that. This can include anxiety, anger, depression irritation, frustration, loss of enjoyment and other negative effects to one's quality of life that the jury could take into consideration when determining the amount of damages.

Examples of permanent impairments include disfigurement, scarring or loss of limbs. These conditions can make it difficult to exercise or maintain healthy relationships and perform daily tasks. In some instances the attorney could use expert witnesses to discuss the effect of the injury on the quality of life of the victim.

It is difficult to determine the exact dollar value of these damages. A jury will use its experience and knowledge to determine their value. In this regard, it is essential to have a knowledgeable and knowledgeable legal team to your side to ensure that you are capable of recovering the full amount of your loss.

Damages for Economic Loss

Economic damages pay a victim for the financial expenses caused by a medical malpractice attorney injury. These costs typically cover future and past medical expenses related to treatment for a medical malpractice injury. These expenses also include lost income, if an injury prevents the victim from working or decreases his or her earning capacity. Documentation, such as medical documents and wage records, can be used to prove the damages however, certain aspects of economic loss require expert testimony.

For instance, a patient who suffers severe physical injuries from medical malpractice may require extensive, long-term care including surgery, medication, and physical therapy. This treatment can cost millions of dollars in the course of a lifetime.

In certain instances, the negligence of medical professionals could result in a permanent disability like cerebral palsy or paralysis. This can result in expensive ongoing treatment and a dramatic reduction in the patient's life quality.

In certain states, there are caps on the amount of damages that the victim could receive in a medical malpractice case. These limits have been ruled out by some courts because they are considered to be unconstitutional limitations on an injured person's rights to a fair legal remedy. New York does not impose damages caps, so that the victims can receive the full amount of their past and future losses from an effective malpractice claim.

Damages for malpractice non-economic losses

Certain medical malpractice-related injuries are more difficult to place an amount on the basis of suffering and loss of enjoyment of life. These damages are difficult to calculate but they can be assessed using an expert financial analysis and testimony from witnesses.

Compensation also covers future and past medical costs. This could include hospital costs as well as in-home health care medical equipment, and more. In addition, compensation could pay for lost income if an injury has prevented a victim from working, as well as future loss of earnings.

In the calculation of damages, both a jury and the judge will be looking at several aspects. For example If a medical lapse caused an injury that reduces the quality of life of a victim the judge and jury could award noneconomic damages due to the diminished quality of life. This could include the cost of hiring someone to do tasks that the injured person is no longer able to do like cooking, cleaning, or taking care of children.

In some instances the conduct of a doctor could be so negligent or reckless that punitive damages are necessary. They are designed to punish the defendant and send a clear message to other health professionals. This usually only applies to cases of gross negligence or careless disregard for safety of patients.

Damages for Wrongful Death

The loss of a loved one due to medical negligence could cause a lot of grief and financial loss for family members. A representative may make a claim to seek damages from the deceased for funeral and medical costs, out-of pocket expenses like nursing or home health assistance or loss of future earnings potential, lost inheritance and more. A plaintiff's lawyer can hire experts in economics to assess the life expectancy of the deceased and calculate the anticipated loss of income.

Punitive and compensatory damages are available for wrongful deaths. Compensatory damage compensates victims for their expenses as well as other damages that can be easily quantifiable, such as medical expenses and future medical costs as well as pain and suffering, mental suffering; and loss of consortium. Punitive damages punish those who commit the most egregious of actions, like leaving a sponge in the body of a patient during surgery and requiring a second procedure to remove it.

A wrongful death case could be filed as a part of an ongoing malpractice case or with a survival case. To ensure that the plaintiff is awarded the full amount of damages the wrongful death case requires an attorney with experience in medical malpractice cases. An experienced lawyer will scrutinize all the evidence and documents in order to determine how much a victim may be owed. A lawyer who is knowledgeable can make a convincing argument to the jury and ensure that all damages are included in the settlement or verdict.