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Many states cap the amount of damages that a victim of medical negligence can be awarded. These caps usually cover specific, tangible losses like medical bills and lost wage.
However medical malpractice lawsuits malpractice cases typically involve non-economic damages like pain and suffering. The skilled attorneys at Sobo & Sobo will help you develop a claim for compensation in the following areas.
Loss of Earnings Potential
You may claim compensation for lost wages if the injury is caused by medical malpractice and affects your ability to earn income. It can be difficult to prove these losses. You must prove that the negligence of the doctor caused your injuries directly, and not just indirectly. This isn't easy particularly if a doctor misdiagnosed or ignored an existing medical condition.
In the event of medical malpractice, you may be entitled to non-economic damages and economic damages. Non-economic damages are based on the impact the injuries have affected your life quality. Your lawyer will utilize expert testimony graphs, charts, and other graphics to illustrate the effects of negligence.
In certain cases the medical error could be so severe that you could claim punitive damages. These damages are designed to penalize the healthcare provider who has engaged in outrageous actions. This kind of damages award is not often seen, Medical malpractice lawyer but it may be awarded when a healthcare provider has acted with carelessness or ill-intention.
Medical malpractice claims are expensive to pursue. There are court filing fees, medical malpractice lawsuit records, and other costs for documentation that can add up quickly. Your lawyer will need to employ experts to analyze your case to determine whether medical professionals have breached their duty of care towards 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, ongoing treatment or care and lost earnings if an injury causes an employee to be absent from work. It also covers non-economic losses like discomfort and pain.
Non-economic losses are difficult to quantify in terms of a dollar amount, but they could include any decrease in the quality of life. They may also include pain and suffering, emotional and psychological distress. The lawyer representing the claimant will rely on the testimony of family members and friends to help a juror understand what impact the injury caused on the victim's daily life.
A reputable NYC medical malpractice lawyer will scrutinize the evidence to determine the worth of a claim. This includes a look at the medical malpractice statutes of limitation that restricts the time a plaintiff can make a claim following an accident.
The value of a medical negligence claim will be determined by the severity of the incident as well as the severity of the injury, with larger settlement amounts tending to be reserved for more serious injuries. For instance, a doctor may have misdiagnosed a patient with a condition like 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 felt as a result of the negligence of a physician. Physical pain can be based on an injury to the body, like 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 affect the victim's quality of life.
Psychological pain and suffering can also be a part of the compensation that is awarded to victims of medical negligence. Psychiatric injuries such as depression, anxiety and Medical malpractice lawyer thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. In addition the loss of mental health may affect a person's ability to work or maintain healthy relationships, and impact their general quality of life.
Damages can be divided into two categories: economic or "special" damage, which is based upon the possibility of calculable losses, and non-economic or general damages, such as pain and discomfort. It isn't easy to determine the appropriate amount for non-economic damages because they are not easily quantifiable in dollars.
There are different methods for formulating the value of the pain and suffering award including using a multiplier method, which adds up all damages that are special and multiplies that number by a specific amount ranging from 1.5 to 5. Some states have caps on this type of award, but judges in the majority of cases will not overturn the verdict of the jury.
Loss of future earnings
Medical malpractice victims can recover numerous damages which include future loss of earnings. This is the amount the victim would have earned if they were able to work at the previous job or if they were able to secure an employment that was suitable for their physical limitations. This is a complicated type of damage that often requires the help of an expert economist to determine.
Calculating lost earnings is simple in the event that the victim earned on an hourly basis. An attorney can multiply a person's hourly rate by the number of hours they did not work to find their total lost earnings. Someone who was working employed on a salary will have to consider the amount of time they were unable to work as well as their pay and benefits.
While the calculation of lost income is quite simple, future losses can be much more complicated. A lawyer must take into account the cost of any future treatment and also any expenses that are reasonably anticipated in light of the victim's current health.
When seeking compensation for medical malpractice, it's important to have an experienced lawyer by your side. Our team at Weltchek Mallahan & Weltchek can assist you in determining how you can most effectively pursue financial compensation. Contact us today to set up a free consultation. Medical errors are a grave problem that could cause severe damage. Our legal team is prepared to take a close look at your case and fight for the full amount of compensation you deserve.
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