Types of Medical Malpractice Compensation

Some states have caps on the amount of damages a medical malpractice victim can recover. These caps usually cover specific, measurable losses such as medical expenses and lost wages.

However medical malpractice cases generally include non-economic damages such as pain and suffering. The experienced attorneys at Sobo & Sobo can help you build a strong case to claim compensation for these damages in the following areas.

Potential loss of earnings

You can claim damages for lost wages if the injury is caused by medical malpractice and impairs your ability to earn income. However, proving the loss can be a challenge. It is essential to prove that the medical professional’s negligence caused your injuries directly and not only indirectly. This isn’t easy, especially if the doctor failed to recognize or treated the presence of a medical condition prior to it.

You could be entitled to both economic and non-economic damages based on the nature of the malpractice. Non-economic damages are based on the impact the injuries have had on your life quality. It’s difficult to place the value of this, so your lawyer will need to rely on expert testimony, charts, and graphs to prove the consequences of negligence.

In certain cases the medical error could be so severe that you may be able to be able to claim punitive damages. These damages are designed to punish the healthcare professional who has committed a shambolic behavior. This type of damage award is not as frequent, but it is possible to award it in certain instances, such as instances where the healthcare provider acted with recklessness or malice.

Medical Malpractice Attorneys malpractice cases are costly to pursue. The costs of court filings, medical records and other documentation can quickly accumulate. Your lawyer will have to select experts to examine your case to determine whether medical professionals have acted in violation of their duty of care towards you.

Permanent Disability

Medical malpractice cases can be complicated, and there are many kinds of damages that are available. Compensation covers costs such as the anticipated future medical procedures, any ongoing treatment or care and lost earnings if the injury leads someone to miss work. It could also include other damages that are not economic, such as suffering and pain.

The non-economic costs can be difficult to quantify, but could include any loss in quality of life. They could also include emotional and psychological distress. The lawyer for the claimant will utilize testimony from family and friends members to assist jurors understand the impact of the injury on the victim’s life.

A good NYC medical negligence lawyer will thoroughly review all evidence to determine the claim’s value. This includes a review of the medical malpractice statute of limitations which sets a time limit on the length of time that after an accident plaintiff can pursue a lawsuit.

The value of a claim for medical malpractice will be determined by the degree and severity of the ailment. Settlements that are higher are reserved for more serious injuries. For instance, a doctor might have misdiagnosed patients suffering from a condition like cancer, which can be life-threatening. The most serious injuries are more likely to result in an indefinite disability. This can raise the cost of an insurance claim.

Pain and Suffering

Victims of medical malpractice can also seek compensation for physical pain they’ve experienced because of the negligence of a physician. Physical pain may result from an injury, like broken bones and can also cause scarring or the inability to sleep or exercise and loss of sexual function as well as other injuries that affect the quality of life of the victim.

Psychological pain and suffering could also be a component of the compensation given to victims of medical malpractice. Psychological injuries like depression, anxiety and thoughts of suicide and post-traumatic disorder (PTSD) are frequently debilitating and cause physical pain. The loss of mental health may also affect a person’s capacity to work and maintain healthy relationships and their overall quality.

Damages are usually classified into two categories one being economic or “special” damages that are based upon the possibility of calculating financial losses as well as general or “non-economic” damages like suffering and pain. Non-economic damages are hard to quantify in dollars, and so it can be difficult to determine the appropriate amount.

There are various methods for in calculating the value of an award for pain and loss such as using a multiplier method, which adds up the damages for special damages and multiplies that amount by a specified amount that ranges from 1.5 to 5. There are some states that have caps on this type of award, however judges in a majority of instances will not be able to reverse the verdict of the jury.

Future earnings loss

Medical accident victims are entitled to a variety of damages including loss of future earnings. This includes the amount the victim could have earned if they could work at their previous job, or if they were able to find the job that would be suitable for their physical limitations. This is a complex type of damage that often requires the help of an expert economist to calculate.

Lost earnings calculations are straightforward when the victim is earning on an hourly basis. An attorney can multiply a person’s hourly wage by the number of hours they did not work to calculate the total amount of lost wages. An individual who was employed on a salary must take into account the amount of time they were not able to work, Medical Malpractice Attorneys as well as their pay and benefits.

While the calculation of lost income is quite simple, future losses can be much more complicated. The lawyer will need to take into consideration the cost of treatment in the future as well as costs that can be reasonably expected due to the condition of the patient.

It is essential to have a lawyer who has experience on your side when pursuing compensation for medical malpractice lawyer negligence. At Weltchek Mallahan & Weltchek, our team can assist you to determine the best way to pursue financial compensation. Call us today to arrange an appointment free of charge. Medical errors can be a serious problem that can cause significant harm. Our legal team is prepared to look closely at your case and fight for the full compensation that you deserve.