Types of Medical Malpractice Compensation
A number of states have caps on the amount of damages that an individual victim of medical malpractice may be awarded. The caps typically only cover specific, measurable losses such as the cost of medical bills and lost wages.
Medical malpractice cases usually be accompanied by non-economic losses, such as suffering and pain. The skilled attorneys at Sobo & Sobo can help to build a strong case to recover compensation for these losses in the following areas.
Potencial Loss of Earnings
You may claim compensation for lost earnings if the injury was caused by medical negligence and affects your ability earn income. But proving these losses can be challenging. You must prove that the doctor’s error was a direct cause of your injuries, not being merely related to them. This isn’t easy particularly if the doctor failed to recognize or treated an existing medical condition.
You could be entitled to both economic and non-economic damages based on the type of malpractice. Non-economic damages are determined by the impact of the injuries on your life or your life. It’s difficult to place an amount on this, so your lawyer will require expert evidence, charts and graphs to show the effect of negligence.
In certain cases medical malpractice attorney negligence may be so grave that you could be capable of claiming punitive damages. These damages are meant to penalize the healthcare provider who has engaged in outrageous behavior. This type of damage award is not so common, however it can be awarded in certain circumstances, such as instances where the healthcare provider acted in reckless or malicious ways.
Medical malpractice claims are expensive to pursue. The cost of court filings, medical records and other documentation can quickly accumulate. Your lawyer will also need to hire experts to review your case to determine if medical professionals acted in breach of their obligations to you.
Permanent Disability
Medical malpractice cases are usually complex, with various types of damages available. Compensation may cover costs such as future medical procedures, ongoing care and treatment, or lost wages, when an injury has caused someone to miss work. It can also cover non-economic damages, such as pain and suffering.
Non-economic damages are harder to quantify in terms of a dollar amount, but they could include any diminished quality of life. They may also include emotional and psychological distress as along with suffering and pain. The lawyer representing the claimant will rely on the testimony of friends and family to assist jurors in understanding what impact the injury caused on the victim’s daily life.
A reputable NYC medical malpractice Attorney malpractice lawyer will thoroughly review the evidence to determine the worth of an action. This includes a look at the medical malpractice statutes of limitations, which determines the length of time a plaintiff has to pursue a lawsuit after an accident.
The value of a medical malpractice claim will depend on the severity of the injury, with higher settlement amounts tending to be reserved for more serious injuries. For instance, a medical professional may have misdiagnosed the patient with a disease such as cancer, which can be life-threatening. The most serious injuries are also more likely to result in permanent disability, which raises the cost of a claim.
Pain and Suffering
Medical malpractice victims can also seek compensation for the physical pain they’ve suffered as a result of the negligence of a physician. 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 reduce the quality of life for the victim.
The psychological pain and suffering of patients is also a part of the compensation given to victims of medical malpractice. Psychological injuries such as anxiety, suicidal thoughts, depression and post-traumatic stress disorder (PTSD) can be extremely physically and mentally limiting, and can trigger physical pain as well. In addition the loss of mental health may affect a person’s ability to work or maintain healthy relationships and affect their overall quality of life.
Damages can be divided into two categories, economic or “special” damage, which is based on measurable losses, medical malpractice attorney and non-economic or general damages, such as pain and discomfort. It can be difficult to determine the proper amount of non-economic losses because they are not easily quantified in dollars.
There are a variety of methods to calculate the value of an award for pain and suffering, including using a multiplier. This method is a way of adding all damages together and then multiplies this number by a specific amount that is between 1.5 and 5. Certain states have limits on these types of awards, but in the majority of instances, judges won’t overturn the jury’s decision.
Future earnings loss
medical malpractice attorney malpractice victims can claim a variety of damages including future earnings loss. This includes the amount a victim would have earned if they could work at the previous job or if they were able to find a job that suited their disabilities. This is a complicated type of damage and frequently requires expert economists to calculate.
Loss earnings calculations are straightforward if the victim was working at an hourly rate. An attorney can multiply a person’s hourly rate by the amount of hours they did not work to find their total lost earnings. If you are on the salary side, you’ll have to consider the period that you were unable to work alongside your salary and benefits.
The process of calculating lost income is fairly simple, but future losses could be more complicated. The attorney must consider the cost of any future treatment as well as the expenses that can be reasonably expected depending on the condition of a patient.
It is essential to have an experienced lawyer on your side when seeking compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team can help you determine the best method to pursue financial compensation. Contact us today to schedule an appointment for a no-cost consultation. Medical errors are a major problem that can cause significant damage. Our legal team is ready to take a thorough look at your case and fight for the full settlement you deserve.