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Some states limit the amount of damages a victim of medical malpractice can be awarded. These caps usually cover only specific, measurable losses such as medical bills and lost wage.
Medical malpractice cases typically result in non-economic damages, like pain and suffering. The skilled attorneys at Sobo & Sobo can help you build a strong case for compensation for these damages in the following areas.
Potencial Loss of Earnings
If the injury resulting from medical negligence affects your capacity to earn income, you can recover damages for lost wages. However, proving the loss can be a challenge. You must prove the doctor's negligence caused your injuries directly, and not just indirectly. This can be difficult especially when it comes to an existing condition that the medical professional ignored or misdiagnosed.
You could be legally entitled to both economic and non-economic damages based upon the nature of the malpractice. Non-economic damages are based on the impact the injuries have had on your quality of life. It's not always easy to put the value of this, so your lawyer will need to rely on expert testimony, charts and graphics to demonstrate the effects of negligence.
In some instances the medical error could be so severe that you are able to seek punitive damages. These are designed to punish the healthcare provider for his or her outrageous actions. This kind of damage award is not so common, however it is possible to award it in certain situations, including 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 add up. Your lawyer may also have to hire experts to review your case and determine if medical malpractice lawsuits professionals acted in breach of their obligations to you.
Permanent Disability
Medical malpractice cases are often complex, with various types of damages available. Compensation can cover costs such as expected future medical procedures, ongoing treatment or care and lost earnings if the injury leads the person to miss work. It can also cover non-economic damages such as pain and discomfort.
Non-economic damages are more difficult to quantify in a dollar amount but they can be a decrease in the quality of life. They can also cover emotional and psychological distress as well as pain and suffering. The lawyer representing the claimant will rely on the testimony of family and friends to help a juror understand the impact that the injury has had on the victim's everyday life.
A reputable NYC medical malpractice lawyer will thoroughly review the evidence to determine the worth of the claim. This includes a thorough review of the medical malpractice statute of limitations, which sets a limit to the amount of time after an accident the plaintiff is allowed to make a claim.
The value of a claim based on medical malpractice will be determined by the magnitude and severity of the damage. A higher settlement amount is reserved for more serious injuries. A doctor could have missed the diagnosis of cancer in a patient, which can cause death. The most serious injuries are more likely to result in a permanent disability. This can increase the cost of an insurance claim.
Suffering and Pain
The victims of medical malpractice may also seek compensation for physical pain they've suffered as a consequence of a doctor’s negligence. Physical pain can be caused by an injury, such as broken bones, and can include scarring, the inability to sleep or exercise, loss of sexual function and other injuries that affect the victim's life quality.
Psychological pain and suffering can also be a component of the compensation offered to victims of medical malpractice. Psychological injuries such as anxiety, depression, suicidal ideas and post-traumatic stress disorder (PTSD) can be incredibly painful and cause physical pain as well. Additionally, the loss of mental health can affect a victim's capacity to work or maintain healthy relationships, and impact their overall quality of life.
Damages can be classified into two types: economic or "special" damage that is based on the calculation of losses as well as non-economic or general damages, such as discomfort and Medical Malpractice Lawyer pain. Non-economic damages are difficult to quantify in dollars, therefore it can be difficult to determine an appropriate amount.
There are a variety of methods for making a determination of the value of the pain and suffering award including a multiplier technique, which adds up the damages for special damages and multiplies the number by a specified amount that ranges from 1.5 to 5. There are a few states that have caps on this type of award, however judges in most cases will not overturn the verdict of a jury.
Loss of Future Earnings
Medical accident victims are entitled to a variety of damages including future earnings loss. This is the amount that a victim could have earned if capable of working at their current job or had a job available that would have been suitable for their impairment. This is a complicated type of damage and frequently requires expert economists to calculate.
Lost earnings calculations are straightforward when the victim is earning an hourly wage. An attorney can multiply a person's hourly wage by the number of hours they did not work to calculate their total lost earnings. An individual who was employed on a salary must consider the amount of time they were unable to work as well as their pay and benefits.
The process of calculating lost income is fairly simple, however future losses can be more complex. The attorney will need to consider the cost of treatment in the future and expenses that are reasonable depending on the condition of a patient.
In the event of seeking compensation for medical malpractice, it is crucial to have an experienced lawyer on your side. At Weltchek Mallahan & Weltchek, our team can assist you to determine the best method to pursue financial compensation. Contact us today for an appointment free of charge. Medical errors are a serious issue that can cause serious damage. Our legal team will examine your case in detail and fight for the compensation you are due.
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