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Many states cap the amount of damages a victim of medical malpractice may recover. These caps usually cover only specific, measurable losses such as the cost of medical bills and lost wages.
However medical malpractice cases typically involve non-economic losses such as pain and suffering. The experienced lawyers at Sobo & Sobo can help you make a convincing case to claim compensation for these damages in the following areas.
Potential loss of earnings
If the injury caused by medical negligence hinders your ability to earn income you may be able to claim compensation for lost wages. It isn't easy to prove these losses. It is essential to prove that the medical professional's negligence caused your injuries directly and not just indirectly. This isn't easy, especially when it involves an existing condition that the medical professional did not recognize or misdiagnose.
You may be entitled to both non-economic damages based on the nature of the 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, and your attorney will require expert testimony, charts and graphs to demonstrate the effects of the negligence.
In certain cases, medical negligence can be so severe that you are legally able to claim punitive damages. These are meant to punish the healthcare provider for his or her outrageous behavior. This kind of damage award is not so common, however it is possible to award it in certain circumstances, for instance when the healthcare provider acted with recklessness or malice.
Medical malpractice claims can be costly to pursue. The costs of court filings, medical records and other documentation can quickly accumulate. Your lawyer will have to select experts to examine your case to determine whether medical professionals have breached their duty of care to you.
Permanent Disability
Medical malpractice cases can be complicated and can involve a variety of types of damages. Compensation may cover costs such as future medical procedures, ongoing care and treatment or wages lost when an injury has caused someone to be unable to work. It also covers non-economic damages such as discomfort and pain.
Non-economic losses can be difficult to quantify, but they 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 representing the claimant will use testimony from family and friends members to help jurors comprehend the impact of the accident on the victim's life.
A good NYC medical malpractice lawyer will thoroughly review the evidence to determine the worth of an action. This includes a thorough review of the medical malpractice statutes of limitation that determines the length of time the plaintiff is required to bring a lawsuit following an accident.
The value of a medical negligence claim will be determined by the severity of the injury and settlement amounts tending to be reserved for more severe injuries. For instance, a physician might have misdiagnosed patients suffering from a condition like cancer, which is life-threatening. The most severe injuries are also more likely to cause permanent disability, which will increase the cost of an insurance claim.
Pain and Suffering
The victims of medical malpractice may also seek compensation for physical pain they've suffered because of the negligence of a physician. Physical pain can result from an injury, such as a broken bone and can also cause scarring and inability to sleep or exercise as well as loss of sexual activity and other injuries that affect the victim's life quality.
Pain and Medical Malpractice Lawyer suffering from psychological causes is also a part of the compensation awarded to victims of medical malpractice. Psychological injuries like anxiety, depression thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. In addition the loss of mental health can affect a person's ability to maintain healthy relationships, and impact their overall quality of life.
Damages can be classified into two types: economic or "special" damage, which is based on measurable losses as well as non-economic or general damages, like pain and discomfort. Non-economic damages are hard to quantify in dollars, so it can be difficult to determine the proper amount.
There are a variety of methods to calculate the value of an award for suffering and medical malpractice lawyer pain, including using a multiplier. This method is a way of adding all damages together and then multiplies this number by a set amount between 1.5 and 5. Some states have limits on this kind of award, however judges in many cases will not uphold the verdict of a jury.
Loss of Future Earnings
Medical malpractice victims are able to recover a wide variety of damages including future loss of earnings. This is the amount a victim would have earned if they were able to work at the previous job or if they were able to find the job that would be suitable for their needs. This is a complex type of damage that typically requires the assistance of an expert economist to determine.
Lost earnings calculations are straightforward if the victim was working at an hourly rate. A lawyer can multiply the hourly wage of a person by the number of hours they missed to determine their total lost wages. Someone who was working employed as a salaried worker will have to consider the length of time they were not able to work, as well as their pay and benefits.
Calculating lost income is relatively easy, but future losses may be more complicated. The attorney will need to consider the cost of any future treatment as well as costs that are reasonable based on a victim's condition.
It is important to be able to have an experienced lawyer to assist you in pursuing compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team can assist you to decide on the best way to pursue your financial recovery. Contact us today to schedule an appointment free of charge. Medical errors can be a major issue that can result in significant damage. Our legal team is prepared to look closely at your case and fight for the full compensation that you deserve.
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