Types of Medical Malpractice Compensation

Some states limit the amount of damages a victim of medical malpractice may receive. These caps typically cover specific, quantifiable losses like medical bills and lost wages.

Medical malpractice cases often result in non-economic damages, such as suffering and pain. The experienced attorneys at Sobo & Sobo can help you make a convincing case for compensation for these damages in the following areas.

Potential loss of earnings

You can seek damages for lost earnings if the injury was caused by medical malpractice and impacts your ability to earn income. It isn't easy to prove the loss. You must demonstrate that the doctor's negligence was the primary cause of your injuries, not simply related to them. This can be a challenge particularly when it is involving a pre-existing condition that the medical professional failed to recognize or misdiagnose.

You could be entitled to both non-economic damages based upon the type of negligence. Non-economic damages are based on the effect the injuries have had on your quality of life. Your lawyer will make use of expert testimony as well as charts and graphs to illustrate the effects of negligence.

In some instances the medical negligence may be so egregious that you can claim punitive damages. These are meant to punish the healthcare provider for their outrageous behavior. This type of damage award is not so common, however it is possible to award it in certain circumstances, such as when the healthcare provider acted with malice or recklessness.

medical Malpractice law firms malpractice cases are costly to pursue. There are court filing fees, medical records and other costs for documentation which can quickly add up. Your lawyer will also have to engage experts to analyze your case to determine if medical professionals acted in breach of their obligations to you.

Permanent Disability

medical malpractice lawsuits malpractice cases can be complicated and involve various types of damages. Compensation can cover costs like future medical procedures, ongoing care and treatment or wages lost when an injury has caused someone to miss work. It also covers non-economic damages such as discomfort and pain.

Non-economic damages are difficult to quantify, but can include any decrease in the quality of life. They can also cover emotional and psychological distress as well as suffering and pain. The attorney representing the claimant will rely on testimony from family and friends members to aid jurors to understand the impact of the injury on the victim's life.

A good NYC medical malpractice lawyer will carefully review the evidence to determine the value of a claim. This includes a look at the medical malpractice statute of limitations which sets a time limit on the time after an accident that the plaintiff is allowed to bring a lawsuit.

The value of a claim for medical malpractice will be determined by the severity and extent of the damage. Higher settlement amounts are reserved for more serious injuries. For instance, a medical professional may have misdiagnosed patients suffering from a condition like cancer, which is life-threatening. The most severe injuries are also more likely to cause an indefinite disability, which will increase the cost of the claim.

Suffering and Pain

Medical malpractice victims can seek compensation for the physical pain they have suffered as a result of negligence by a doctor. Physical pain may be based on an injury to the body, like broken bones, and can include loss of of motion, scarring, the inability to exercise or sleep; loss of sexual function as well as other injuries that affect the quality of life of the victim.

Pain and suffering from psychological causes is also a part of the compensation given to victims of medical malpractice. Mental health issues such as anxiety, depression, thoughts of suicide, and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. Additionally, the loss of mental health can affect a victim's capacity to maintain healthy relationships, and impact their general quality of life.

Damages are generally separated into two categories: economic or "special" damages which are based on quantifiable financial losses, and general or "non-economic" damages like suffering and pain. It can be difficult to determine a fair amount for non-economic losses because they are not easily quantifiable in dollars.

There are a variety of methods to calculate the value of an award for pain and suffering, for instance using a multiplier. This method is where you add all the damages together, and then multiply this number by a specified amount that is between 1.5 to 5. Certain states have limits on these kinds of awards, but in the majority of cases, judges will not overturn the jury's decision.

Future earnings loss

Medical malpractice victims can claim various damages, including future earnings loss. This is the amount a victim could earn if they had been employed at their previous job or if a job was accessible to them that was suited to their disability. This is a complex type of damage that often requires the help of an expert economist to calculate.

Lost earnings calculations are straightforward when the victim is earning an hourly wage. A lawyer can multiply the hourly rate of a person by the number hours they missed to calculate their lost wage. A person who worked employed on a salary must take into account the length of time they were unable to work, as well as their salary and benefits.

While the calculation of lost income is quite simple, future losses are much more complicated. The lawyer will need to take into consideration the cost of future treatment as well as costs that can be reasonably anticipated depending on the condition of a patient.

When pursuing compensation for medical malpractice, it's important to have an experienced lawyer by your side. At Weltchek Mallahan & Weltchek, our team of lawyers can help you determine the best approach to pursue your financial recovery. Contact us today to schedule a free consultation. Medical errors can be a major problem that can cause significant damage. Our legal team will examine your case thoroughly and fight for the justice you deserve.