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Some states limit the amount of damages a victim of medical malpractice may receive. These caps typically cover only measurable, specific losses such as the cost of medical bills and lost wages.
However medical malpractice cases usually involve non-economic damages like suffering and pain. The experienced lawyers at Sobo & Sobo can help you build a strong case for compensation for these injuries in the following areas.
Potential loss of earnings
If the injury resulting from medical malpractice hinders your ability to earn a living You can seek compensation for lost wages. It can be a challenge to prove these losses. It is essential to prove that the negligence of the doctor caused your injuries directly and not only indirectly. This isn't easy particularly when it is involving an existing condition that the medical professional did not recognize or misdiagnose.
You could be entitled to both non-economic damages based on the nature of the negligence. Non-economic damages are based on the impact the injuries have had on your quality of life. Your lawyer will employ expert testimony, charts, and graphics to demonstrate the consequences of negligence.
In certain cases the medical error could be so severe that you may be able to claim punitive damages. These are intended to penalize the healthcare provider for his or her outrageous behaviour. This kind of damages award isn't common, but can be awarded if the healthcare provider was acting with recklessness or malice.
Medical malpractice claims can be costly to pursue. There are court filing fees, medical records, and other documentation costs that can add up quickly. Your lawyer will also have to enlist experts to review your case and determine if medical professionals acted in breach of their obligations to you.
Permanent Disability
Medical malpractice cases can be a bit complicated and can result in a variety of damages. Compensation is for costs like the anticipated future medical procedures, any ongoing treatment or care, and lost earnings if the injury leads the person to miss work. It also covers non-economic damages like discomfort and pain.
The non-economic damage is harder to quantify in a dollar amount however, they can include any decrease in the quality of life. They can also include pain and suffering, emotional and psychological distress. The lawyer for the claimant will utilize testimony from family and friends members to assist jurors understand the impact of the accident on the victim's life.
A reputable NYC medical negligence lawyer will scrutinize all evidence to determine the claim's value. This includes reviewing the medical malpractice statutes of limitations which limits how long a plaintiff can make a claim following an accident.
The value of a claim based on medical malpractice will depend on the degree and severity of the injury. Higher settlement amounts are reserved for more serious injuries. A doctor may have misdiagnosed cancer in the patient, and this could cause death. The most serious injuries are also more likely to result in a permanent disability, which raises the cost of an insurance claim.
Suffering and Pain
Patients who have suffered from medical malpractice can also seek compensation for physical pain they've experienced as a consequence of the negligence of a Medical Malpractice Attorneys professional. Physical pain can be a result of an injury, like fractured bones and medical Malpractice Attorneys may also result in scarring as well as the inability of sleeping or exercise and loss of sexual function and other injuries that impact the quality of life of the victim.
Pain and suffering from psychological causes can also be a component of the compensation awarded to victims of medical malpractice. Psychiatric injuries, such as anxiety depression, suicidal phobia and post-traumatic stress disorder (PTSD) can be extremely physically and mentally limiting, and can trigger physical pain as well. The loss of mental health can also impact a person's ability to work, maintain healthy relationships, and overall quality of life.
Damages can be classified into two categories: economic or "special" damage that is based on the calculation of losses and general or non-economic damages, like discomfort and pain. Non-economic damages are difficult to quantify in dollars, which is why it is difficult to determine the proper amount.
There are many methods of formulating the value of an award for pain and suffering which includes a multiplier approach, which adds up the damages for special damages and multiplies the result by a specified amount that ranges from 1.5 to 5. Certain states have limits on these types of awards, however in many instances, judges won't overturn the decision of a jury.
Loss of Future Earnings
The victims of medical malpractice can claim various damages, including future loss of earnings. This includes the amount the victim would have earned if they were able to work at their previous job, Medical Malpractice Attorneys or if they could have gotten an employment that was suitable for their disabilities. This is a very complex type of damage and usually requires expert economists to calculate.
Loss earnings calculations are straightforward for those who earn on an hourly basis. An attorney can multiply a person's hourly wage by the number of hours they did not work to find their total lost earnings. If you were on a salary, you will have to consider the period that you could not work alongside your salary and benefits.
Calculating lost income is relatively simple, but the future loss can be more complex. The attorney will need to take into consideration the cost of future treatments as well as the expenses which are reasonably expected due to the condition of the patient.
When pursuing compensation for medical malpractice, it's essential to have a skilled lawyer by your side. At Weltchek Mallahan & Weltchek, our team will help you determine the best approach to pursue your financial recovery. Contact us today for an appointment with us for a no-cost consultation. Medical errors can be a serious issue that can cause a lot of harm. Our legal team is ready to take a close look at your case and fight for the maximum compensation you are entitled to.
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