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Getting full compensation after medical malpractice isn't easy. Patients who suffer from malpractice lawyers are required to negotiate with the doctor that is accused and their insurance company who are legally referred to as defendants.
Victims should be compensated for their damages, but how exactly do juries and judges evaluate a case's value? This article will examine some of the most important factors that are considered when settling a malpractice case.
Damages
In general a settlement involving medical negligence is comprised of two types of damages: economics and non-economics. Economic damages are based on tangible losses, like medical bills and future expenses. Non-economic damages include pain and suffering as well as disfigurement and loss of enjoyment of life.
When you negotiate a medical-malpractice settlement both you and your attorney will collaborate with economists and other financial experts to determine the worth of your damages. For instance, if you have been permanently disabled because of the negligence of a doctor and you are unable to work, the value of your future lost income must be calculated, too. This is referred to as the current value, and it is a complex calculation for which your lawyer will employ an expert to assist.
This is why it is important to have an expert medical malpractice lawyer on your side. You could be entitled to thousands or even millions of dollars in damages based on the degree and severity of your injuries.
Many kinds of medical malpractice cases have an excellent settlement value which includes the omission of diagnoses, prenatal errors that result in maternal suffering and minor surgical mistakes. Some malpractice cases have lower settlement amounts. This might include reactions to allergies that were cured by medication, or a minor error in surgery where the damage was not severe. These types of injuries aren't likely to cause the disability that lasts for a lifetime and do not warrant the same compensation as severe injuries that require continuous treatment.
Litigation costs
Like any malpractice case there are a myriad of aspects that impact the value of a settlement for medical malpractice. Economic damages refer to the cost of past and future expenses incurred as a result of the malpractice incident. Non-economic damages are also included.
The first is the cost of any medical bills that you've suffered, the anticipated cost of any future medical expenses, as well as any lost wages resulting from time off from work because of your injury. The second kind of compensation is for suffering, pain and diminished quality of your life due to the negligence which caused your injury. The amount of non-economic damages is usually determined by the severity of your injury which is determined using a seriousness factor (also known as a multiplier) which can range between two and five.
It may seem that doctors are being dragged to the courtroom by frivolous lawsuits however, the reality is that malpractice suits are only 0.3 percent of healthcare costs. They are necessary to ensure patients receive the medical attention they need. The majority of medical malpractice cases settle out-of-court with attorneys calculating a reasonable monetary settlement.
The the location of your claim is also a factor in the value of your claim. State laws determine the minimum amount for an medical malpractice claim. For example jurors in Baltimore City and Prince George's County are generally very favorable to victims of medical malpractice, while Anne Arundel, Carroll County and Montgomery County are less so.
Attorney's Fees
In the majority medical malpractice cases the lawyer you hire will be paid on the basis of a contingency. The attorney won't be paid until you receive an settlement, verdict, or award via negotiation or trial. This is an excellent method to obtain professional legal representation without having to come up with the upfront expenses of hiring an attorney in the typical case.
If a malpractice case is successful, your lawyer will charge you a set percentage of the amount you receive in compensation. It's usually 33%, but it can differ based on the skill and experience of the medical malpractice lawyer. Your lawyer's interests are aligned because they only get paid when they earn your money. They will always try to increase the amount you can receive from the settlement you receive for your malpractice.
While this arrangement is beneficial for many victims, it could be detrimental in the context of medical malpractice lawsuits cases. The use of a fee structure that is a battle between the financial interests of lawyers against those of their clients is inherently unhealthy for the relationship between the lawyer and the client. Additionally, this type of fee arrangement provides a powerful incentive for clients to accept a lower amount than the case is worth, which could be harmful in many cases.
Settlements Outside the Courtroom
Contrary to what you may watch on TV, more than 90% of all malpractice cases that are viable can be resolved without court the assistance of lawyers who can calculate a reasonable amount. This is because insurance companies tend to settle outside of court rather than engage in expensive litigation.
When negotiating a settlement the injured claimants can seek compensation both for economic and non-economic losses. Economic damages refer to the future and past medical expenses, including medication or rehabilitation therapy. The damages also compensate for lost wages due to time away from the workplace as a result.
Non-economic injuries address mental anguish, and loss of quality. Mental anguish can be characterized as extreme emotional distress that can result in post-traumatic disorder as well as anger, apathy and depression. Loss of enjoyment of life can be caused by the inability to exercise and sleep or maintain healthy relationships.
Many insurance companies and doctors believe that malpractice claims have led to an unjust trend in settlement awards. Medical negligence claims make up for 0.3 percent of medical expenses, according to research and data.
A settlement without a court hearing allows the victim to maintain their privacy and avoids public disclosure about what happened. Contrarily, a trial requires the victim to relive their experiences and may expose the victim to harsh judgments from others. This makes the decision to settle a dispute outside of court an important one that every victim should take into consideration.
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