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A number of states have limits on the amount of damages a medical malpractice victim can get. These caps usually cover only specific, quantifiable losses like medical bills and lost wages.
However medical malpractice cases usually involve non-economic losses such as pain and suffering. The experienced attorneys at Sobo & Sobo can help you establish a strong case to claim compensation for these damages in the following areas.
Loss of Earnings Potencial
If the injury resulting from medical malpractice compromises your ability to earn income You can seek damages for lost wages. It can be a challenge to prove the loss. It is essential to prove that the negligence of the doctor caused your injuries directly, and not only indirectly. This can be difficult, especially if the doctor did not recognize or treat an existing medical condition.
You could be legally entitled to both economic and non-economic damages based upon the type of negligence. Non-economic damages are based on the impact the injuries have had on your life quality. Your lawyer will make use of expert testimony graphs, charts, and other graphics to demonstrate the consequences of negligence.
In certain cases medical negligence can be so grave that you could be legally able to claim punitive damages. These are intended to penalize the healthcare provider for their outrageous conduct. This type of damage award is not as frequent, but it is possible to award it in certain instances, such as instances where the healthcare professional acted with recklessness or malice.
Medical malpractice claims can be costly to pursue. There are court filing fees, medical records, and other costs for documentation that add up quickly. Your lawyer will have to engage experts to review your case to determine whether medical professionals have violated their duty of care towards you.
Permanent Disability
Medical malpractice cases can be complicated and involve many different types of damages. Compensation can cover costs such as expected future medical procedures, any ongoing medical treatment or care, and lost wages if the injury causes people to miss work. It may also cover non-economic damages like pain and suffering.
The non-economic costs can be difficult to quantify, but could include any reduction in the quality of life. They can also be a result of suffering and pain, emotional and psychological stress. The claimant's lawyer will use the testimony of friends and family to assist jurors in understanding how the injury had on the victim's everyday life.
A good NYC medical malpractice lawyer will take a close look at the evidence to determine the value of the claim. This includes a review the medical malpractice law firm malpractice statutes of limitation that limits how long a plaintiff can bring a lawsuit following an accident.
The value of a medical malpractice claim will be determined by the severity of the accident and the amount of settlement typically reserved for more severe injuries. For instance, a medical professional may have erroneously diagnosed the patient with a disease like cancer, which could be life-threatening. The most serious injuries are also more likely to cause an indefinite disability, which increases the cost of the claim.
Suffering and Pain
Medical malpractice victims can also seek compensation for the physical pain they've suffered as a consequence of a doctor's negligence. Physical pain can be based on an injury to the body, such as broken bones. It can include loss of range of motion; scarring; the inability to exercise or sleep as well as loss of sexual function and other injuries that affect the quality of life of the victim.
Compensation for medical negligence can include compensation for psychological pain and suffering. The psychological injuries that result from them, such as anxiety, depression, thoughts of suicide, and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. The loss of mental health can also affect a victim's capacity to work and maintain healthy relationships and their overall quality.
Damages can be classified into two types: economic or "special" damage, which is based on measurable losses and general damages, like pain and discomfort. It can be difficult to determine an appropriate amount for non-economic damages because they are not easily quantifiable in dollars.
There are different methods for in calculating the value of a pain and suffering award such as using a multiplier method that adds all damages that are special and multiplies that number by a specific amount ranging from 1.5 to 5. Some states have caps on these types of awards, however in most cases, judges are unable to overturn the decision of a jury.
Future earnings loss
The victims of medical malpractice can claim numerous damages, including future loss of earnings. This includes the amount a victim would have earned if he or she could work at their previous job, or if they were able to secure the job that would be suitable for their limitations. This is a complex item of damage that often requires experts in economics to determine.
Calculating lost earnings is straightforward for those who earn an hourly wage. A lawyer can multiply the hourly rate of a person by the number of hours they did not work to calculate their total lost wage. If you earned a salary, you will have to take into consideration the time that you could not work alongside your salary and benefits.
While the calculation of lost income is quite easy, medical malpractice law firms future losses are much more complicated. The attorney must take into consideration the cost of future treatments as well as costs that are reasonable based on a victim's condition.
It is important to have an experienced lawyer on your side when seeking compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team can help you determine the best method to pursue your financial recovery. Contact us today for an appointment with us for a no-cost consultation. Medical errors are a grave problem that can cause significant damage. Our legal team will examine your case carefully and fight to get the compensation you deserve.
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