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Some states have caps on the amount of damages that an individual victim of medical malpractice may be awarded. These caps typically cover only specific, quantifiable losses such as the cost of medical bills and lost wages.
However medical malpractice cases usually have non-economic consequences, such as suffering and pain. The experienced lawyers at Sobo & Sobo can help you build a strong case for compensation for these damages in the following areas.
Potential loss of earnings
You may claim compensation for lost wages if the injury is caused by medical negligence and affects your ability to earn income. It can be difficult to prove these losses. You must show that the negligence of the doctor was a direct cause of your injuries, rather than being merely related to them. This can be challenging, especially if the doctor did not recognize or treat an existing medical condition.
Based on the nature of medical malpractice, you may be entitled to non-economic damages and economic damages. Non-economic damages are based on the effect the injuries have affected your life quality. Your lawyer will make use of expert testimony graphs, charts, and other graphics to demonstrate the consequences of negligence.
In some instances, medical negligence can be so egregious you may be eligible to claim punitive damages. These damages are meant to punish the healthcare professional who acted in an outrageous manner. behaviour. This type of damages award isn't often seen, but it may be awarded when a healthcare provider has acted in malice or irresponsibility.
Medical malpractice lawsuits are costly to pursue. There are court filing fees, medical records and other documentation costs that can add up quickly. Your lawyer may 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 very complex and involve various types of damages. Compensation may cover costs such as future medical procedures, ongoing treatment and treatment as well as lost wages in the event that an injury caused someone to be unable to work. It can also cover non-economic damages, like suffering and pain.
Non-economic damages are harder to quantify in a dollar amount but they can be a loss in quality of life. They can also include emotional and psychological distress. The lawyer representing the claimant will rely on the testimony of friends and family to help a juror understand how the injury affected the victim's daily life.
A good NYC medical malpractice lawyer will take a close look at the evidence to determine the worth of an action. This includes a look at the medical malpractice statutes of limitations, which limits how long a plaintiff must make a claim following an accident.
The value of a medical malpractice claim will depend on the severity of the accident as well as the severity of the injury, with larger settlement amounts tend to be reserved for more severe injuries. A doctor may have misdiagnosed cancer in the patient, and this could cause death. The most severe injuries are also more likely to result in an indefinite disability, which raises the cost of a claim.
Pain and Suffering
Medical malpractice victims may also seek compensation for the physical pain they've experienced as a result of negligence by a doctor. Physical pain can be based on an injury to the body, such as broken bones. This can include loss of range of motion, scarring; the inability to exercise or sleep and sexual dysfunction as well as other injuries that diminish the victim's quality of life.
Psychological pain and suffering is also a part of the compensation that is awarded to victims of medical negligence. Psychiatric injuries such as depression, anxiety thoughts of suicide and post-traumatic disorder (PTSD) are frequently debilitating and cause physical pain. In addition, the loss of mental health may also impact a victim's ability to work or maintain healthy relationships, and impact their overall quality of life.
Damages are usually divided into two categories: economic or "special" damages, which are based on quantifiable financial losses and medical malpractice Attorneys general or "non-economic" damages like pain and suffering. It can be difficult to determine an appropriate amount for non-economic losses because they are not easily quantifiable in dollars.
There are a variety of methods for in calculating the value of a pain and suffering award which includes a multiplier approach which adds up all special damages and then multiplies the result by a specific amount ranging from 1.5 to 5. Certain states have limits on these types of awards, but in most instances, judges cannot overturn the verdict of a jury.
Loss of Future Earnings
Medical accident victims are entitled to a variety of damages including loss of future earnings. This is the amount a victim could have earned if employed at their previous job or had a job available that would have been suitable for their disability. This is a complicated item of damage that typically requires the assistance of an expert economist to calculate.
Calculating lost earnings is simple in the event that the victim earned an hourly rate. A lawyer can multiply the hourly rate of an individual by the number hours they did not work to calculate their total lost wage. A person who worked in a salaried position will have to consider the amount of time they were not able to work, as well as their pay and benefits.
The process of calculating lost income is easy, but future losses could be more complicated. A lawyer must examine the costs of any future treatment, as well as any costs that are reasonable to anticipate in light of the patient's current health.
When pursuing compensation for medical malpractice lawyers malpractice, it's important to have an experienced lawyer by your side. At Weltchek Mallahan & Weltchek, our team of lawyers can help you decide on the best way to pursue your financial recovery. Contact us today for an appointment for a no-cost consultation. Medical errors can be a serious problem that could cause severe harm. Our legal team is ready to take a closer look at your case and fight for the maximum amount of compensation you deserve.
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