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A lot of states limit the amount of damages that a victim of medical malpractice can receive. These caps usually cover only specific, quantifiable losses such as the cost of medical malpractice lawsuits bills and lost wages.
However, medical malpractice cases often have non-economic consequences, such as pain and suffering. The skilled attorneys at Sobo & Sobo will help you develop a claim for compensation in the following areas.
Potential loss of earnings
If an injury that is the result of medical negligence hinders your ability to earn a living you can claim compensation for lost wages. It isn't easy to prove the loss. You must prove that the doctor's negligence was a direct cause of your injuries, and not just a result of them. This isn't easy, especially when it involves an existing condition that a medical professional failed to recognize or misdiagnose.
You may be legally entitled to both economic and non-economic damages, based on the nature of the negligence. Non-economic damages are determined by the effect of the injuries on your health or your life. Your lawyer will utilize expert testimony graphs, charts, and other graphics to illustrate the effects of negligence.
In some instances the medical error could be so severe that you are able to demand punitive damages. They are designed to penalize the healthcare provider for outrageous actions. This kind of damages award is not common, but can be awarded when a healthcare provider has acted with negligence or with malice.
Medical malpractice cases are costly to pursue. The costs of court filings, medical records and other documents can quickly become costly. Your lawyer may also have to employ experts to look over your case and determine whether medical malpractice attorneys professionals violated their duty to you.
Permanent Disability
Medical malpractice cases are typically complicated, and there are many kinds of damages that are available. Compensation may cover costs such as future medical procedures, ongoing treatment and treatment as well as lost wages if an injury caused the person to be off work. It may also cover non-economic damages like pain and suffering.
The non-economic damage is harder to quantify in terms of a dollar amount, but they can be a reduction in quality of life. They can also encompass emotional and psychological distress, as along with suffering and pain. The attorney representing the claimant will rely on testimony from friends and family members to help jurors be aware of the effects of the accident on the victim's life.
A good NYC medical malpractice lawyer will scrutinize the evidence to determine the value of an action. This includes a thorough review of the medical malpractice statutes of limitations which limits how long a plaintiff has to file a suit after 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 typically reserved for medical malpractice Lawyer more severe injuries. A doctor could have missed the diagnosis of cancer in a patient, which can be fatal. The most serious injuries are more likely to result in a permanent disability. This will increase the cost of an insurance claim.
Pain and Suffering
Medical malpractice victims can seek compensation for the physical pain they have suffered as a result of the negligence of a doctor. Physical pain can be based on an injury to the body, like broken bones. This can include loss of of motion; scarring; the inability to exercise or sleep and sexual dysfunction; and other injuries that impact the quality of life of the victim.
The psychological pain and suffering of patients could also be a component of the compensation that is awarded to victims of medical negligence. Mental health issues such as depression, anxiety, thoughts of suicide, and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. The loss of mental health may also affect a person's capacity to work, maintain healthy relationships, and their overall quality.
Damages are generally classified into two categories: economic or "special" damages that are based upon calculable financial losses and general "non-economic" damages such as suffering and pain. Non-economic damages are hard to quantify in dollars, so it is difficult to determine the appropriate amount.
There are many ways to calculate the value of an award for suffering and pain, such as using a multiplier. This method is where you add all the damages together, and then multiply this number by a specified amount between 1.5 to 5. There are some states that have limits on this kind of award, however judges in a majority of cases will not uphold the jury's decision.
Loss of future earnings
Medical malpractice victims can recover numerous damages, including future loss of earnings. This is the amount that a victim could have earned had they been in a position to work at their previous job or if they had a job available that would have been suitable for their impairment. This is a very complex type of damage, and often requires expert economists to calculate.
Calculating lost earnings is simple in the event that the victim earned an hourly wage. A lawyer can multiply the hourly rate of an individual by the number hours they did not work to calculate their lost wage. If you were paid salary, you'll need to consider the time that you were unable to work in addition to your salary and benefits.
The process of calculating lost income is easy, but future losses could be more complex. The attorney will need to take into account the cost of treatment in the future and expenses which are reasonably expected based on a victim's condition.
It is crucial to have an experienced lawyer on your side when seeking compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can assist you in determining the best way to best pursue your financial recovery. Call us today to arrange a free consultation. Medical errors can be a grave issue that could cause serious damage. Our legal team will review your case carefully and fight to get the compensation you deserve.
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