Types of quakertown medical malpractice law firm Malpractice Compensation
Many states limit the amount of damages that a victim of medical malpractice may be awarded. The caps typically only cover specific, measurable losses like medical bills and lost wages.
However medical malpractice cases generally include non-economic damages such as suffering and pain. The experienced lawyers at Sobo & Sobo can help you build a strong case for compensation for these injuries in the following areas.
Loss of Earnings Potential
If an injury that is the result of medical malpractice compromises your ability to earn income, you can recover damages for the loss of wages. However, proving that these losses isn’t easy. You must prove that the negligence of the doctor caused your injuries directly, and not only indirectly. This isn’t easy, especially when it involves an existing condition that the medical professional ignored or misdiagnosed.
In the event of medical malpractice, you may be entitled to non-economic damages in addition to economic damages. Non-economic damages are determined by the impact of the injuries on your health or life. It’s often difficult to put an amount of money on this, which is why your lawyer must use expert testimony, charts and graphs to prove the consequences of negligence.
In some instances medical negligence is so serious that you might be able to claim punitive damage. These are meant to punish the healthcare provider for their outrageous behaviour. This type of damage award isn’t as frequent, but it is possible to award it in certain circumstances, such as instances where the healthcare professional acted with malice or recklessness.
Medical malpractice cases are costly to pursue. There are court filing fees, medical records, and other costs for documentation that add up quickly. Your lawyer will also need to employ experts to look over your case and determine if medical professionals acted in breach of their obligations to you.
Permanent Disability
Medical malpractice cases are usually complicated, and there are many kinds of damages that are available. Compensation can cover costs such as expected future medical procedures, any ongoing care or treatment, and lost earnings if the injury leads people to miss work. It may also cover non-economic damages, such as suffering and pain.
Non-economic damages are harder to quantify in a dollar amount, however, they can include any diminished quality of life. They may also include emotional and psychological distress, as well as pain and suffering. The lawyer representing the claimant will use testimony from friends and family members to help jurors to understand the impact of the injury on the victim’s life.
A good NYC medical negligence lawyer will take the time to review all the evidence in order to determine the value of the claim. 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 an individual plaintiff can bring a lawsuit.
The value of a medical negligence claim will depend on the severity of the incident, with higher settlement amounts tend to be reserved for more severe injuries. A doctor may have misdiagnosed cancer in an individual patient, which could cause death. The most serious injuries are also more likely to cause a permanent disability, which will increase the cost of a claim.
Pain and Suffering
Patients who suffer from medical malpractice can seek compensation for the physical pain they have suffered as a result of the negligence of a doctor. Physical pain may be based on an injury to the body, for instance broken bones, and can include loss of of motion, scarring; the inability to exercise or sleep; loss of sexual function and other injuries that affect the quality of life of the victim.
The compensation for medical malpractice could include compensation for psychological pain and suffering. Mental health issues such as anxiety, depression and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. Additionally, the loss of mental health can also impact a victim’s ability to work or maintain healthy relationships, and impact their overall quality of life.
Damages are usually divided into two categories: economic or “special” damages, Vimeo which are based on the possibility of calculating financial losses and general or “non-economic” damages such as suffering and pain. It can be difficult to establish a fair amount for non-economic damages since they are not easily quantified in dollars.
There are many ways to calculate the value of an award for suffering and pain, including using a multiplier. This method is where you add all the damages together and then multiplies this number by a specific amount that is between 1.5 to 5. Some states have caps on these types of awards, but in the majority of cases, judges will not overturn a jury’s decision.
Loss of future earnings
Medical malpractice victims can claim many different damages, including future loss of earnings. This covers the amount that the victim would have earned if they were able to work at their previous job or if they could have gotten the job that would be suitable for their needs. This is a complex type of damage that usually requires the help of an expert economist to determine.
Calculating lost earnings is straightforward for those who earn an hourly rate. A lawyer can multiply the hourly rate of a person by the number of hours they did not work to determine their total lost wages. If a person was employed employed on a salary will have to take into account the amount of time they were not able to work as well as their pay and benefits.
The process of calculating lost income is easy, but future losses may be more complex. The lawyer will need to take into consideration the cost of future treatment and expenses that can be reasonably expected depending on the condition of a patient.
It is important to have a lawyer who has experience on your side when you are seeking compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team will help you decide on the best way to pursue financial compensation. Call us today to arrange a free consultation. Medical errors are a serious issue that can cause serious harm. Our legal team will review your case with care and fight for the justice you deserve.