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Many states cap the amount of damages that a victim of medical malpractice may recover. These caps usually cover specific, measurable losses such as medical bills and lost wage.
However, medical malpractice cases often have non-economic consequences, such as pain and suffering. The experienced attorneys at Sobo & Sobo will help you to build a case for compensation in the following areas.
Loss of Earnings Potential
If an injury caused by medical negligence affects your capacity to earn income, you can recover damages for the loss of earnings. However, proving that these losses isn't easy. You must show that the negligence of the doctor caused the injuries you sustained, not simply related to them. This isn't easy particularly when it is involving an existing condition that the medical malpractice attorney professional misdiagnosed or ignored.
In the event of medical malpractice, you could be entitled to non-economic damages in addition to economic damages. Non-economic damages are determined by the effect of the injuries on your health or life. It's not always easy to put a dollar amount on this, so your lawyer will need to use expert testimony, charts, and graphs to demonstrate the effects of the negligence.
In certain cases medical negligence is so grave that you could be eligible to claim punitive damages. These damages are intended to penalize the healthcare provider who has engaged in a shocking actions. This type of damage award isn't as widespread, but it is possible to award it in certain circumstances, for instance when the healthcare provider acted with malice or recklessness.
Medical malpractice claims can be expensive to pursue. There are court filing fees, medical records and other documentation costs which can quickly add up. Your lawyer will have to engage experts to review your case to determine if medical professionals have violated their duty of care to you.
Permanent Disability
Medical malpractice cases can be complicated and involve many different types of damages. Compensation can cover expenses such as future medical Malpractice Attorneys procedures, ongoing care and treatment, or lost wages, when an injury has caused an employee to be absent from work. It may also cover non-economic damages like suffering and pain.
Non-economic damages are harder to quantify in a dollar amount but they could include any diminished quality of life. They can also include pain and suffering, emotional and psychological stress. The claimant's lawyer will use the testimony of friends and family to assist jurors in understanding the impact that the injury has affected the victim's daily life.
A reputable NYC medical malpractice attorney negligence lawyer will take the time to review all the evidence to determine the worth of the claim. This includes a look at the medical malpractice statute of limitations, which puts a limit on the amount of time after an accident an individual plaintiff can bring a lawsuit.
The value of a claim for medical malpractice will depend on the severity and extent of the ailment. The larger settlement amounts are reserved for more serious injuries. For example, a doctor may have misdiagnosed a patient with a condition like cancer, which can be life-threatening. The most severe injuries are also more likely to cause a permanent disability, which raises the cost of the claim.
Pain and Suffering
Medical malpractice victims may also seek compensation for the physical pain they've suffered as a consequence of the negligence of a physician. Physical pain can be based on an injury to the body, such as fractured bones, and may include loss of range of motion; scarring; the inability to exercise or sleep or sleep; loss of sexual function and other injuries that impact the quality of life for the victim.
Compensation for medical malpractice can include compensation for suffering and psychological pain. Psychological injuries like anxiety, depression and thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. In addition, the loss of mental health can also impact a victim's ability to maintain healthy relationships, and impact their overall quality of life.
Damages are usually classified into two categories that are: economic or "special" damages, which are based on calculable financial losses and general or "non-economic" damages such as suffering and pain. It isn't always easy to determine the proper amount of non-economic damages as they are not easily quantified in dollars.
There are various methods for making a determination of the value of the pain and suffering award including using a multiplier method, which adds up all damages that are specific and multiplies the result by a certain amount, ranging from 1.5 to 5. Some states have caps on these types of awards, however in most cases, judges are unable to overturn a jury's decision.
Loss of Future Earnings
Medical malpractice victims are entitled to a variety of damages including loss of future earnings. This is the amount the victim could have earned had they been able to work at their previous job, or if they were able to get a job that suited their limitations. This is a complicated type of damage that often requires experts in economics to determine.
Calculating lost earnings is straightforward when the victim earns an hourly rate. An attorney can multiply an individual's hourly rate by the number of hours they were absent from work to calculate their total lost earnings. If you are on salary, you'll be required to think about the time you were unable to work in addition to your salary and benefits.
While the process of calculating lost earnings is fairly simple, future losses are more complex. The lawyer will need to consider the cost of future treatments as well as the expenses which are reasonably expected due to the condition of the patient.
It is crucial to have a lawyer with experience on your side when pursuing compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can assist you in determining the best way to most effectively pursue your financial recovery. Contact us today for an appointment free of charge. Medical errors can be a major issue that can cause significant damage. Our legal team is prepared to take a closer look at your case and fight for the maximum compensation that you deserve.
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