Malpractice Compensation

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

Non-economic damages can be more difficult to quantify. They include pain and tension, anger and discontent. They are typically calculated using a severity ratio.

To prove malpractice the plaintiff must prove that the doctor was bound by the duty to act professionally; that the duty was not fulfilled and caused injury and resulted in certain damages.

Damages for Suffering and Pain

Pain and suffering are some of the most difficult damages to quantify in a medical malpractice case because they can be very 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 victim's feelings of distress, anguish and pain caused by the negligence of the malpractice.

The physical discomfort associated with malpractice injuries can be mild to severe. The psychological and emotional pain can be more severe. This can include anxiety and depression, fear, anger, frustration, irritability and other negative effects on the individual's life. The jury may consider these factors when determining damages.

A few examples of such damage may include scarring, disfigurement injuries, limb loss or malpractice other permanent impairments that limit the ability to exercise, maintain healthy relationships, and complete simple daily tasks. In some cases attorneys may solicit expert witnesses to discuss the impact of the injury on the victim's life quality.

It isn't easy to determine the exact dollar value of these damages. A jury will use its experience and expertise as well as common sense to determine their worth. It is crucial to have a professional and experienced legal team working on your behalf to ensure that you get the maximum amount.

Damages for Economic Loss

Economic damages pay a victim for the financial expenses that result from a medical negligence injury. These expenses typically cover past and future medical bills arising from the treatment of a malpractice-related injury. They also include lost income in the event that the injury hinders the victim from working or reduces their earning capacity. The damages can be proved with documentation, such as medical bills and wage records, however certain types of economic loss may require expert testimony from an expert to prove.

A patient who has sustained serious physical injuries as a result of medical malpractice may require intensive long-term care. This may include surgeries, medications and physical therapy. This 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 such as cerebral palsy or paralysis. This could lead to costly ongoing treatment and a dramatic reduction in the patient's life quality.

In some states there are limits on the amount that a victim of medical malpractice lawyer may receive as damages. These limitations were struck down by numerous courts, since 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 victims are able to get the full amount they incurred in past and future losses from a successful malpractice lawsuit claim.

Damages for non-economic Losses

Certain medical malpractice-related injuries are more difficult to quantify such as pain and discomfort and loss of enjoyment. While these damages can be difficult to quantify, it is possible to do so by using witness testimony and expert financial analysis to back the claim.

Economic losses are also covered by compensation, including future and previous medical expenses. This can include hospital fees and in-home health services medical equipment, in-home health care, and more. Compensation can also cover future earnings as well as loss of income, if the injury prevented the victim from working.

When calculating these damages, the jury and judge will take several aspects into consideration. A jury or judge may award noneconomic damages when such an injury caused by an error of medicine reduces the quality of life of the victim. This includes the cost of hiring someone to take on the tasks that the injured individual is unable to perform, such as cooking, cleaning, or taking care of children.

In certain instances doctors' actions could be so negligent or reckless that punitive damages may be appropriate. These are intended to punish the offender and convey a message to others in the health care industry. This is usually limited to cases involving gross negligence and an inordinate disregard for the safety of patients.

Damages for Wrongful Death

The loss of a loved one due to medical negligence can be a difficult and financially draining experience for the family. A representative may bring a lawsuit to seek damages for funeral and medical expenses, out of pocket costs such as home health equipment or nursing care, loss of future earnings, the prospect of inheritance, and more. A plaintiff's lawyer can hire experts in economics to evaluate the deceased's life expectancy and calculate the anticipated loss of income.

Compensation and punitive damages are available in the case of wrongful deaths. Compensation damages compensate victims for the cost of their losses and other easily quantifiable damages such as medical expenses and future medical costs including pain and suffering mental anxiety; and loss of consortium. Punitive damages are awarded to those who commit crimes of a sham, such as leaving sponges inside patients during surgery that require a second operation to remove.

A wrongful death claim may be filed in addition to the regular malpractice case, or as part of a survivor action. A wrongful death claim requires a lawyer with experience handling medical malpractice cases to make sure that the plaintiff receives all available damages. A skilled lawyer can scrutinize all of the documents and evidence to determine the amount the victim is owed. A competent lawyer can present a convincing case to the jury and make sure that all eligible damages are included in the final settlement or verdict.