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Many states have caps on the amount of damages that victims of medical malpractice are able to get. These caps usually cover only specific, tangible losses like medical bills and lost wages.
However medical malpractice cases generally involve non-economic damages like suffering and pain. The experienced attorneys at Sobo & Sobo can help to build a strong case for compensation for these damages in the following areas.
Loss of Earnings Potential
If the injury caused by medical malpractice hinders your ability to earn a living You can seek compensation for lost wages. It can be difficult to prove the loss. You must prove the doctor's negligence caused your injuries directly, and not just indirectly. This can be a difficult task, especially when it involves a pre-existing condition that the medical professional did not recognize or misdiagnose.
You may be legally entitled to both economic and non-economic damages based upon the type of mistake. Non-economic damages are based on the impact the injuries have affected your quality of life. It's sometimes difficult to put an amount on this, which is why your lawyer will require expert evidence, charts and graphs to demonstrate the effects of the negligence.
In some cases medical negligence may be so serious that you might be able to claim punitive damage. These damages are designed to punish the healthcare professional who has engaged in outrageous behavior. This type of damage award isn't as widespread, but it is possible to award it in certain circumstances, for instance when the healthcare provider has acted in reckless or malicious ways.
Medical malpractice claims can be costly to pursue. There are court filing fees, medical malpractice law firm records and other costs for documentation which can quickly add up. Your lawyer may also have to hire experts to review your case and determine whether medical professionals acted in breach of their obligations to you.
Permanent Disability
Medical malpractice cases are often complicated, with a variety of damages available. Compensation can cover costs like future medical procedures, ongoing Medical Malpractice Attorneys treatment, or lost wages, when an injury has caused an employee to be absent from work. It can also cover other damages that are not economic, such as suffering and pain.
Non-economic damages can be difficult to quantify, but can include any decrease in the quality of life. They may also include emotional and psychological distress as in addition to pain and suffering. The lawyer representing the claimant will use testimony from friends and family members to aid jurors comprehend the impact of the accident on the victim's life.
A good NYC medical negligence lawyer will carefully review all the evidence to determine the worth of the claim. This includes reviewing the medical malpractice statute of limitations, which sets a limit to the amount of time after an accident an individual plaintiff can make a claim.
The value of a medical negligence claim will be determined by the severity of the incident, with higher settlement amounts typically reserved for more severe injuries. For instance, a physician may have misdiagnosed a patient with a condition such as cancer, which is life-threatening. The most severe injuries are also more likely to result in permanent disability, which increases the cost of the claim.
Pain and medical Malpractice Attorneys Suffering
Patients who suffer from medical malpractice can seek compensation for the physical pain they've suffered as a result of negligence by a doctor. Physical pain can be caused by an injury, like a broken bone and can also cause scarring as well as the inability of sleeping or exercise or exercise, loss of sexual function and other injuries that impact the quality of life of the victim.
Compensation for medical malpractice can include compensation for psychological pain and suffering. Mental health issues such as anxiety, depression, suicidal phobia and post-traumatic stress disorder (PTSD) can be incredibly debilitating and may cause physical pain as well. The decline in mental health can also impact a person's ability to work and maintain healthy relationships and their overall quality.
Damages can be classified into two categories, economic or "special" damage that is based upon the possibility of calculable losses as well as non-economic or general damages, like discomfort and pain. It isn't always easy to determine an appropriate amount for non-economic damages because they are not easily quantifiable in dollars.
There are many methods of making a determination of the value of the pain and suffering award including using a multiplier method, which adds up all damages that are special and multiplies the result by a specified amount that ranges from 1.5 to 5. Certain states have limits on this kind of award, but judges in most cases are not able to overturn the jury's decision.
Loss of Future Earnings
Medical accident victims are entitled to a variety of damages including future earnings loss. This is the amount a victim could earn if they had been in a position to work at their current job or if a job was available that suited their condition. This is a very complex type of damage that often requires expert economists to calculate.
Calculating lost earnings is simple when the victim earns an hourly rate. A lawyer can multiply the hourly rate of a person by the number of hours they missed to calculate their total lost earnings. An individual who was employed as a salaried worker will need to consider the amount of time they were not able to work as well as their salary and benefits.
While the calculation of lost income is quite straightforward, future losses are more complex. The attorney will have to consider the cost of future treatment and also the costs that can be reasonably expected in light of the condition of the victim.
In the event of seeking compensation for medical malpractice, it's important to have an experienced lawyer on your side. Our team at Weltchek Mallahan & Weltchek can help you determine how to most effectively pursue your financial recovery. Contact us today to schedule an appointment free of charge. Medical errors can be a serious problem that can cause significant damage. Our legal team will look over your case with care and fight to get the compensation you deserve.
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