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A number of states have limits on the amount of damages that a medical malpractice lawsuits malpractice victim can recover. These caps usually cover only specific, quantifiable losses like medical bills and lost wages.
Medical malpractice cases usually involve 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 injuries in the following areas.
Potential loss of earnings
You can seek damages for lost earnings if the injury was caused by medical negligence and affects your ability to earn income. But proving these losses isn't easy. You must show that the negligence of the doctor was the direct cause of the injuries you sustained, not simply related to them. This can be difficult especially when it comes to an existing condition that the medical professional failed to recognize or misdiagnose.
You could be entitled to both economic and non-economic damages depending on the nature of the negligence. Non-economic damages are based on the effect the injuries have affected your life quality. It's often difficult to put an amount of money on this, which is why your lawyer will require expert testimony, charts, and graphs to demonstrate the effects of negligence.
In some cases the medical negligence may be so egregious that you can be able to claim punitive damages. They are designed to penalize the healthcare provider for their outrageous conduct. This kind of damage award isn't as widespread, but it can be awarded in certain instances, such as when the healthcare provider has acted in recklessness or with malice.
Medical malpractice claims can be costly to pursue. There are court filing fees, medical records and other costs for documentation which can quickly add up. Your lawyer may also have to enlist experts to review your case and determine whether medical professionals breached their duty to you.
Permanent Disability
Medical malpractice cases are typically complex, with various types of damages that are available. Compensation can cover costs such as expected future medical procedures, any ongoing treatment or care, and lost earnings if an injury causes people to miss work. It could also include non-economic damages, such as pain and suffering.
Non-economic damages are more difficult to quantify in terms of a dollar amount, however, they can include any decrease in the quality of life. They may also include emotional and psychological distress. The attorney representing the claimant will rely on testimony from friends and family members to aid jurors comprehend the impact of the injury on the victim's life.
A reputable NYC medical malpractice lawyer will take a close look at the evidence to determine the value of the claim. This includes a review of the medical malpractice statute of limitations which puts a limit on the time after an accident that the plaintiff is allowed to bring a lawsuit.
The value of a medical negligence claim will depend on the severity of the incident and settlement amounts tend to be reserved for more serious injuries. A doctor medical malpractice attorney may have missed a diagnosis of cancer in the patient, which could be fatal. The most serious injuries are also more likely to result in a permanent disability, which increases the cost of the claim.
Suffering and Pain
Patients who have suffered from Medical Malpractice Attorney malpractice can also seek compensation for the physical pain they've felt as a result of a doctor’s negligence. Physical pain can result on an injury to the body, like fractured bones, and may include loss of of motion, scarring, the inability to exercise or sleep or sleep; loss of sexual function as well as other injuries that affect the quality of life for the victim.
Psychological suffering and pain is also a part of the compensation offered to victims of medical negligence. The psychological injuries that result from them, such as anxiety, depression and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. The loss of mental health could also affect a person's capacity to work, maintain healthy relationships, and their overall quality.
Damages are generally classified into two categories which are economic or "special" damages that are based upon quantifiable financial losses, and general or "non-economic" damages, such as pain and suffering. It can be difficult to establish the proper amount of non-economic losses because they are not easily quantified in dollars.
There are a variety of methods to determine the value of an award for pain and suffering, for instance using a multiplier. This method is a way of adding all damages in a single calculation and then multiplies the number by a certain amount that is between 1.5 to 5. There are some states that have limits on this kind of award, but judges in the majority of cases are not able to overturn the verdict of the jury.
Loss of Future Earnings
Medical malpractice victims are entitled to various damages, including future earnings loss. This is the amount that a victim could have earned if they were in a position to work at their previous job or if a job available that suited their disability. This is a complicated type of damage, and often requires experts in economics to determine.
Lost earnings calculations are simple if the victim was working at an hourly rate. A lawyer can multiply the hourly wage of a person by the number hours they did not work to determine their total lost wages. If you were on an income, you'll have to take into consideration the time that you were unable to work alongside your salary and benefits.
While the process of calculating lost income is relatively straightforward, future losses are much more complicated. An attorney will have to think about the cost of any future treatment and any other costs that can reasonably be anticipated in light of the victim's current health.
It is crucial to have an experienced lawyer to assist you in pursuing compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can assist you in determining the best way to most effectively pursue financial compensation. Contact us today for an initial consultation for free. Medical errors can be a grave issue that can result in significant damage. Our legal team will review your case in detail and fight for the compensation you are due.
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