Types of Medical Malpractice Compensation

Many states have caps on the amount of damages an individual victim of medical malpractice may recover. These caps typically cover specific, quantifiable losses, like medical bills and lost wage.

However medical malpractice lawyers malpractice cases typically involve non-economic damages like pain and suffering. The skilled attorneys at Sobo & Sobo can help you establish a strong case for compensation for these damages in the following areas.

Potencial Loss of Earnings

You may claim compensation for lost earnings if the injury was caused by medical malpractice and impacts your ability to earn income. It can be difficult to prove these losses. You must prove that the negligence of your doctor caused your injuries directly, and not only indirectly. This isn't easy particularly if a doctor failed to recognize or treated an existing medical condition.

Based on the nature of medical malpractice, you may be entitled to non-economic damages in addition to economic damages. Non-economic damages are based on the effect the injuries have affected your life quality. Your attorney will use expert testimony, charts, and graphics to demonstrate the impact of negligence.

In some instances medical negligence can be so severe that you are eligible to claim punitive damages. These are designed to punish the healthcare provider who has committed a blatant act of conduct. This type of damage award isn't so common, however it is possible to award it in certain situations, including when the healthcare provider acted in reckless or malicious ways.

Medical malpractice claims can be expensive to pursue. There are court filing fees, medical records and other costs for documentation that add up quickly. Your lawyer may also have to hire experts to review your case and determine whether medical professionals violated their duty to you.

Permanent Disability

Medical malpractice cases can be complex, with many types of damages available. Compensation can cover expenses like future medical procedures, ongoing treatment and treatment or wages lost in the event of an injury that caused an employee to be absent from work. It also covers non-economic damages like pain and discomfort.

Non-economic damages can be difficult to quantify, but they could include any reduction in the quality of life. They can also be a result of suffering and pain, emotional and psychological stress. The lawyer for the claimant will use the testimony of friends and family to help jurors understand what impact the injury affected the victim's daily life.

A reputable NYC medical malpractice lawyer will thoroughly review the evidence to determine the worth of the claim. This includes a review of the medical malpractice statute of limitations, which sets a time limit on how long after an accident an individual plaintiff can make a claim.

The value of a medical malpractice claim will depend on the severity of the incident, with higher settlement amounts being reserved for more severe injuries. For example, a doctor may have misdiagnosed patients suffering from a condition like cancer, which can be life-threatening. The most serious injuries are more likely to cause an indefinite disability. This increases the cost of an insurance claim.

Pain and Suffering

Victims of medical malpractice can also seek compensation for physical discomfort they've endured because of the negligence of a medical professional. Physical pain can be based on an injury to the body, such as broken bones. This can include loss of of motion, scarring; the inability to exercise or sleep and sexual dysfunction; and other injuries that affect the quality of life for the victim.

Compensation for medical negligence can include compensation for psychological pain and suffering. Psychological injuries like anxiety, depression and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. The loss of mental health could also affect a person's capacity to work and maintain healthy relationships and overall quality of life.

Damages are generally separated into two categories that are: economic or "special" damages that are based upon calculable financial losses as well as general or "non-economic" damages, such as pain and suffering. Non-economic damages are hard to quantify in dollars, so it can be hard to determine the appropriate amount.

There are a variety of methods for formulating the value of the pain and suffering award such as using a multiplier method, which adds up all special damages and then multiplies the number by a certain amount, ranging from 1.5 to 5. Some states have caps on these types of awards, however in the majority of instances, judges cannot overturn the decision of a jury.

Loss of Future Earnings

Medical malpractice victims are able to recover numerous damages including future loss of earnings. This is the amount a victim could have earned if able to work at their previous job, or if a job available that would have been suitable for their impairment. This is a complicated type of damage, and often requires experts in economics to determine.

Lost earnings calculations are straightforward in the event that the victim earned an hourly wage. A lawyer can multiply the hourly rate of a person by the number of hours they were absent to calculate their lost wage. An individual who was employed as a salaried worker must consider the length of time that they were unable to work, as well as their salary and benefits.

While the process of calculating lost earnings is fairly easy, future losses are much more complicated. A lawyer must take into account the cost of any future treatment in addition to any costs that can reasonably be anticipated in light of the victim's current condition.

When seeking compensation for medical malpractice, it's important to have an experienced lawyer by your side. At Weltchek Mallahan & Weltchek, our team will help you determine the best approach to pursue your financial recovery. Contact us today to schedule an appointment free of charge. Medical errors are a serious issue that can cause serious damage. Our legal team is prepared to take a closer look at your case and fight for the maximum amount of compensation you deserve.