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Many states have limits on the amount of damages that victims of medical malpractice are able to be awarded. The caps usually only cover specific, tangible losses such as medical bills or lost wages.
However medical malpractice cases typically have non-economic consequences, such as suffering and pain. The experienced lawyers at Sobo & Sobo will help you build a case for compensation in the following areas.
Potential loss of earnings
You can seek damages for lost wages if the injury is caused by medical negligence and impacts your ability to earn income. It can be a challenge to prove the loss. You must prove the negligence of the doctor caused your injuries directly and not just indirectly. This can be difficult, especially if the doctor failed to recognize or treated an existing medical condition.
Depending on the kind of medical malpractice, you could be entitled to non-economic damages and economic damages. Non-economic damages are based on the effect the injuries have affected your quality of life. It's difficult to place a dollar amount on this, so your attorney must use expert testimony, charts and graphics to prove the consequences of the negligence.
In some instances medical negligence can be so egregious you may be able to claim punitive damage. These are meant to punish the healthcare provider for their outrageous behaviour. This type of damages award isn't uncommon, but it could be awarded when a healthcare provider has acted in recklessness or malice.
Medical malpractice claims can be expensive to pursue. The costs of court filings, medical records and other documentation can quickly increase. Your lawyer will also have to employ experts to look over your case and determine if medical professionals breached their duty to you.
Permanent Disability
medical malpractice attorneys malpractice cases are typically complex, with many types of damages available. Compensation covers expenses such as expected future medical procedures, any ongoing treatment or care and lost wages if the accident causes someone to miss work. It could also include non-economic damages like suffering and pain.
The non-economic costs can be difficult to quantify, but could include any loss in quality of life. They can also encompass emotional and psychological distress as well as pain and suffering. The lawyer for the claimant will utilize testimony from friends and family members to aid jurors to understand the impact of the accident on the victim's life.
A good NYC medical negligence lawyer will take the time to review all the evidence in order to determine the claim's value. This includes reviewing the medical malpractice statutes of limitations which limits how long a plaintiff must make a claim following an accident.
The value of a claim for medical malpractice will be determined by the extent and severity of the injury. Higher settlement amounts are reserved for more serious injuries. For instance, a physician might have misdiagnosed patients suffering from a condition such as cancer, which can be life-threatening. The most serious injuries are more likely to result in permanent disability. This will increase the cost of an insurance claim.
Pain and Suffering
Medical malpractice victims can also seek compensation for the physical pain they've suffered as a consequence of the negligence of a physician. Physical pain can be caused by an injury, like fractured bones and can also cause scarring, the inability to sleep or exercise and loss of sexual function and other injuries that impact the quality of life of the victim.
Psychological pain and suffering is also a part of the compensation offered to victims of medical negligence. Psychological injuries like anxiety, depression and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. Additionally, the loss of mental health can affect a victim's capacity to work or maintain healthy relationships and affect their overall quality of life.
Damages are usually divided into two categories which are economic or "special" damages that are based upon quantifiable financial losses and general "non-economic" damages like suffering and pain. Non-economic damages are difficult to quantify in dollars, so it can be difficult to determine the appropriate amount.
There are various methods for making a determination of the value of an award for pain and suffering which includes a multiplier approach that adds up the damages for special damages and multiplies that number by a particular amount ranging from 1.5 to 5. Certain states have limits on these types of awards, but in the majority of instances, judges won't overturn the decision of a jury.
Future earnings loss
medical malpractice law firms malpractice victims can claim various damages, including loss of future earnings. This is the amount a victim could earn if they had been in a position to work at their current job or Medical Malpractice Attorneys if a job was accessible to them that was suited to their disability. This is a complicated type of damage, and often requires experts in economics to determine.
Calculating lost earnings is straightforward 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 were absent to calculate their total lost wage. An individual who was on a salaried job will have to consider the length of time that they were unable to work, as well as their pay and benefits.
While the process of calculating lost income is relatively easy, future losses are much more complicated. An attorney must take into account the cost of any future treatment and also any expenses that are reasonably anticipated in light of the victim's current health.
It is important to have an experienced lawyer on your side when seeking compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team will help you decide on the best way to pursue your financial recovery. Call us today to arrange an appointment for a no-cost consultation. Medical errors are a grave problem that could cause severe damage. Our legal team is ready to look closely at your case and fight for the full compensation you are entitled to.
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