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Some states have caps on the amount of damages victims of medical malpractice are able to claim. These caps usually cover only specific, quantifiable losses, such as the cost of medical bills and lost wages.
Medical malpractice cases can often result in non-economic damages, like suffering and pain. The experienced attorneys at Sobo & Sobo can help you establish a strong case for compensation for these injuries in the following areas.
Loss of Earnings Potencial
If the injury caused by medical negligence hinders your ability to earn income, you can recover damages for lost earnings. However, proving these losses is not easy. It is essential to prove that the negligence of your doctor caused your injuries directly and not just indirectly. This can be difficult particularly if it involves an existing condition that a medical professional misdiagnosed or ignored.
You could be eligible for both economic and non-economic damages depending on the nature of the malpractice. Non-economic damages are determined by the impact of the injuries on your health or life. It's not always easy to put a dollar amount on this, so your lawyer will require expert testimony, charts and graphics to demonstrate the effects of negligence.
In certain instances, the medical negligence may be so egregious that you can seek punitive damages. These damages are designed to punish the healthcare provider who has committed a shambolic behaviour. 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 has acted in reckless or malicious ways.
Medical malpractice lawsuits are costly to pursue. There are court filing fees, medical records and other documentation costs that can add up quickly. Your lawyer will have to employ experts to analyze your case to determine if medical professionals have violated their duty of care to you.
Permanent Disability
Medical malpractice cases are usually complicated, and there are many kinds of damages available. Compensation can cover costs such as the anticipated future medical procedures, any ongoing treatment or care and lawsuits lost earnings if an injury causes an employee to be absent from work. It may also cover non-economic damages, like suffering and pain.
Non-economic losses can be difficult to quantify, but could include any decrease in the quality of life. They can also cover emotional and psychological distress, as along with suffering and pain. The lawyer for the claimant will use the testimony of family and friends to help a juror understand how the injury caused on the victim's daily life.
A good NYC medical malpractice law firm malpractice lawyer will thoroughly review the evidence to determine the value of the claim. This includes a look at the medical malpractice statutes of limitations, which restricts the time a plaintiff has to bring a lawsuit following an accident.
The value of a claim for medical malpractice will be determined by the severity and extent of the damage. A higher settlement amount is reserved for more serious injuries. A doctor might have misdiagnosed cancer in a patient, which can cause death. The most serious injuries are more likely to result in permanent disability. This can increase 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 because of the negligence of a doctor. Physical pain can be a result of an injury, such as fractured bones or a scar. It could also be caused by and inability to sleep or lawsuits exercise, loss of sexual function, and other injuries affecting the victim's life quality.
Compensation for medical negligence can include compensation for psychological pain and suffering. Psychiatric injuries like anxiety, suicidal thoughts, depression, and post-traumatic stress disorder (PTSD) can be extremely debilitating and can cause physical pain as well. The loss of mental health may also affect a person's capacity to work and maintain healthy relationships and their overall quality.
Damages can be divided into two categories: economic or "special" damage that is based on calculable losses as well as non-economic or general damages, such as pain and discomfort. Non-economic damages are hard to quantify in dollars, so it can be hard to determine an appropriate amount.
There are various methods for making a determination of the value of an award for pain and loss such as using a multiplier method which adds up the damages for special damages and multiplies that amount by a specific amount ranging from 1.5 to 5. Certain states have limits on this kind of award, however judges in the majority of cases will not uphold the verdict of a jury.
Loss of future earnings
Medical negligence victims are entitled to a variety of damages including loss of future earnings. This is the amount that a victim could have earned if they were able to work at their previous job, or if a job available that suited their condition. This is a very complex type of damage and frequently requires expert economists to calculate.
Calculating lost earnings is easy if the victim earned an hourly wage. An attorney can multiply a person's hourly rate by the amount of hours they didn't work to calculate the total amount of lost wages. If you were on an income, you'll have to take into consideration the time you were unable to work in addition to your salary and benefits.
While the calculation of lost income is quite simple, future losses are more complex. The attorney must consider the cost of future treatment as well as costs that are reasonable in light of the condition of the victim.
If you are seeking compensation for medical malpractice, it is important to have an experienced lawyer on your side. Our team at Weltchek Mallahan & Weltchek can help you determine how to best pursue your financial recovery. Call us today to arrange a free consultation. Medical mistakes can be a serious issue that could cause serious damage. Our legal team is ready to take a close look at your case and fight for the full settlement you deserve.
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