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Some states have limits on the amount of damages that a medical malpractice victim can get. These caps typically cover specific, quantifiable losses, such as medical expenses and lost wage.
Medical malpractice cases usually be accompanied by non-economic losses, like suffering and pain. The experienced attorneys at Sobo & Sobo will help you establish a case for compensation in the following areas.
Potential loss of earnings
If an injury caused by medical negligence affects your capacity to earn income you can claim compensation for the loss of wages. It isn't easy to prove these losses. You must prove that the doctor's error caused your injuries, rather than being merely related to them. This can be challenging particularly if a doctor failed to recognize or treated an existing medical condition.
Depending on the kind of medical malpractice, you could be entitled to non-economic damages as well as economic damages. Non-economic damages are determined by the effect of the injuries on your quality of life or life. It's difficult to place a dollar amount on this, and your attorney will need to use expert testimony, charts and graphics to show the effect of the negligence.
In certain instances medical negligence is so grave that you could be eligible to claim punitive damages. These are meant to punish the healthcare provider for outrageous conduct. This kind of damage award isn't as common, but it is possible to award it in certain circumstances, for instance when the healthcare provider has acted with malice or recklessness.
Medical malpractice claims can be costly to pursue. The cost of court filings, medical records, and other paperwork can quickly increase. Your lawyer will need to engage experts to review your case to determine if medical professionals have violated their duty of care to you.
Permanent Disability
Medical malpractice cases can be complicated and involve many different types of damages. Compensation can cover expenses like future medical procedures, ongoing medical treatment or wages lost when an injury has caused someone to be unable to work. It can also cover non-economic losses like discomfort and pain.
Non-economic losses can be difficult to quantify, but can include any loss in quality of life. They could also include suffering and pain, as well as emotional and psychological stress. The lawyer for the claimant will use the testimony of family and friends to help jurors comprehend what impact the injury caused on the victim's daily life.
A reputable NYC medical malpractice lawyer will take a close look at the evidence to determine the value of a claim. This includes a review of the medical malpractice statute of limitations which imposes a time limit on how long after an accident an individual plaintiff can bring a lawsuit.
The value of a claim based on medical malpractice will depend on the severity and extent of the injury. Higher settlement amounts are reserved for more serious injuries. A doctor might have misdiagnosed cancer in the patient, which could be fatal. The most serious injuries are more likely to lead to an indefinite disability. This can increase the cost of an insurance claim.
Suffering and Pain
Medical malpractice victims may also seek compensation for the physical pain they've endured as a result the negligence of a doctor. Physical pain could be based on an injury to the body, like broken bones. It can include loss of of motion, scarring; the inability to exercise or sleep and Medical Malpractice sexual dysfunction and other injuries that affect the quality of life for the victim.
Psychological pain and suffering can also be a component of the compensation that is awarded to victims of medical malpractice. Psychiatric injuries, such as anxiety depression, suicidal phobia and post-traumatic stress disorder (PTSD) can be incredibly physically and mentally limiting, and can trigger physical pain as well. Additionally, the loss of mental health can also affect a person's ability to work or maintain healthy relationships, and impact their overall quality of life.
Damages are usually classified into two categories which are economic or "special" damages that are based on the possibility of calculating financial losses and general or "non-economic" damages like pain and suffering. Non-economic damages are difficult to quantify in dollars, and so it can be hard to determine the right amount.
There are a variety of methods for formulating the value of the pain and suffering award including using a multiplier method, which adds up the damages for special damages and multiplies the number by a certain amount, ranging from 1.5 to 5. Some states place limits on these kinds of awards, but in many instances, judges cannot overturn a jury's decision.
Loss of future earnings
Medical negligence victims are entitled to various damages, including loss of future earnings. This is the amount that a victim could have earned had they been capable of working at their old job or if they had a job available that was suitable for their condition. This is a complex type of damage that typically requires the help of an expert economist to calculate.
Calculating lost earnings is easy if the victim earned an hourly wage. A lawyer can multiply the hourly rate of a person by the number hours they did not work to determine their total lost wages. If you are on the salary side, you'll need to consider the time that you could not work alongside your salary and benefits.
The process of calculating lost income is fairly simple, however future losses can be more complex. The attorney will have to take into consideration the cost of future treatment as well as the expenses that can be reasonably anticipated in light of the condition of the victim.
In the event of seeking compensation for medical malpractice, it is important to have a seasoned lawyer by your side. At Weltchek Mallahan & Weltchek, our team of lawyers can help you determine the best method to pursue financial compensation. Contact us today to set up an appointment free of charge. Medical errors can be a serious issue that could cause serious damage. Our legal team is prepared to look closely at your case and fight for the maximum compensation you are entitled to.
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