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A number of states have caps on the amount of damages a medical malpractice victim can be awarded. These caps typically cover specific, quantifiable losses such as the cost of medical bills and lost wages.
However medical malpractice lawsuit malpractice cases generally include non-economic damages such as pain and suffering. The experienced attorneys at Sobo & Sobo can help to build a strong case for compensation for these injuries in the following areas.
Loss of Earnings Potential
You may be able to claim damages for lost wages if the injury is caused by medical malpractice and impairs your ability to earn income. It can be a challenge to prove these losses. You must prove that the doctor's negligence was a direct cause of your injuries, and not simply a result of them. This can be a challenge especially if the doctor failed to diagnose or Medical malpractice omit the presence of a medical condition prior to it.
You could be entitled to both non-economic damages based on the type of error. Non-economic damages are based on the impact the injuries have affected your quality of life. It's difficult to place an amount of money on this, so your attorney will need to rely on expert testimony, charts and graphs to demonstrate the effects of negligence.
In some instances the medical malpractice law firms error could be so egregious that you may be able to seek punitive damages. These damages are designed to punish the healthcare professional who has engaged in a shocking 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 are expensive to pursue. The cost of court filings, medical records, and other paperwork can quickly accumulate. Your lawyer will also need to hire experts to review your case to determine if medical professionals violated their duty to you.
Permanent Disability
Medical malpractice cases are usually complicated, with a variety of damages available. Compensation can cover costs like future medical procedures, ongoing medical treatment or wages lost when an injury has caused someone to be unable to work. It can also include non-economic damages, such as pain and suffering.
Non-economic damages can be difficult to quantify, but they could include any decrease in the quality of life. They can also include emotional and psychological distress as along with suffering and pain. The lawyer for the claimant will use the testimony of family members and friends to help jurors understand the impact the injury has had on the victim's daily life.
A reputable NYC medical malpractice lawyer will carefully review the evidence to determine the value of a claim. This includes a thorough review of the medical malpractice statute of limitations, which imposes a time limit on the time after an accident that a plaintiff can pursue a lawsuit.
The value of a claim for medical malpractice will be determined by the severity and extent of the damage. The larger settlement amounts are reserved for more serious injuries. A doctor could have missed the diagnosis of cancer in the patient, and this could cause death. The most serious injuries are more likely to lead to an indefinite disability. This can raise the cost of an insurance claim.
Pain and Suffering
Patients who have suffered from medical malpractice can also seek compensation for physical pain they've felt as a result of the negligence of a physician. Physical pain can be a result of an injury, such as a broken bone and can also cause scarring as well as the inability of sleeping or exercise, loss of sexual function as well as other injuries that affect the quality of life of the victim.
Medical malpractice compensation can include compensation for suffering and psychological pain. Mental health issues such as depression, anxiety, thoughts of suicide, and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. The loss of mental health can also affect a victim's capacity to work and maintain healthy relationships and their overall quality.
Damages are generally separated into two categories that are: economic or "special" damages, which are based on the possibility of calculating financial losses as well as general or "non-economic" damages like pain and suffering. Non-economic damages are hard to quantify in dollars, which is why it is difficult to determine the appropriate amount.
There are a variety of ways to calculate the value of an award for pain and suffering, for instance using a multiplier. This method is a way of adding all damages together, and then multiplies that number by a specific amount that is between 1.5 to 5. There are some states that have caps on this type of award, however judges in a majority of cases will not overturn the verdict of a jury.
Loss of Future Earnings
The victims of medical malpractice can claim 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 had a job available that suited their impairment. This is a complex type of damage that usually requires the help of an expert economist to determine.
Calculating lost earnings is simple in the event that the victim earned an hourly rate. An attorney can multiply a person's hourly rate by the number of hours they didn't work to find their total lost earnings. If you were paid salary, you'll have to consider the period that you were not able to work in addition to your salary and benefits.
Calculating lost income is relatively simple, however the future loss can be more complicated. An attorney must think about the cost of any future treatment in addition to any costs that are reasonably anticipated in light of the victim's current condition.
When pursuing compensation for medical malpractice, it's important to have an experienced lawyer on your side. At Weltchek Mallahan & Weltchek, our team can help you decide on the best way to pursue your financial recovery. Contact us today to schedule an appointment for a no-cost consultation. Medical errors can be a serious problem that can cause significant damage. Our legal team is ready to look closely at your case and fight for the maximum compensation that you deserve.
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