Malpractice Compensation

Malpractice compensation often covers future and past medical expenses. It can also compensate those who have lost income as well as their inability to work.

Non-economic damages are more difficult to estimate. They include pain and irritation, frustration and discontent. They are typically determined using a severity.

To prove the malpractice, a plaintiff has to show a doctor's duty to act professionally. The duty was not fulfilled and resulted in injury.

Damages for suffering and pain

The suffering and pain are among of the hardest damages to quantify in a medical malpractice attorney case since they can be extremely subjective. Unlike economic losses like hospital bills and lost wages which can easily be calculated to the penny, the pain and suffering are the individual feelings of discomfort, distress and anguish that have been caused by the negligence of the malpractice incident.

Physical pain due to malpractice injuries can range from mild to severe. The psychological and emotional pain can be more than that. This could include anxiety and depression as well as anger, fear, frustrated, irritability and other negative influences on the individual's life. The jury may consider these when determining damages.

Examples of permanent impairments include scarring, disfigurement or loss of legs. These may make it difficult to exercise, maintain healthy relationships, and complete daily tasks. In certain situations, a lawyer may want to call expert witnesses who can describe the effect on the quality of life of the victim.

While it is difficult to establish an exact dollar figure on the damages, a jury will take into consideration their knowledge, experience and common sense to determine the value. This is why it is vital to have an experienced and competent legal team working for you to ensure that you are in a position to recover the entire amount of your loss.

Damages for Economic Loss

Economic damages compensate a victim for the financial burdens caused by a medical malpractice injury. They typically cover past and future medical expenses incurred as a result of the treatment of a malpractice-related injury. They also include lost earnings if the injury prevents the victim from working or reduces their earnings capacity. Documentation, such as medical documents and wage records, can be used to prove the damages however certain types of economic loss require an expert witness.

A patient who has suffered severe physical injuries due to medical malpractice lawyers could require intensive long-term care. This could include surgery, medication and physical therapy. The cost of this care can run into the thousands of dollars over the course.

In some instances, negligence on the part of a medical professional could lead to a permanent disability such as cerebral palsy or parlysis. This can result in expensive ongoing treatment and a substantial reduction in a patient's quality of life.

In some states there are limits on the amount an individual who has been the victim of medical negligence is entitled to as damages. In some courts, these limitations have been ruled unconstitutional because they restrict the right of the person who has been injured to receive a fair legal remedy. New York does not impose damages caps, so that the victims can get the entire amount of their past and future losses from the successful lawsuit for malpractice.

Damages for non-economic Losses

Certain medical malpractice-related injuries are more difficult to quantify, such as pain and discomfort and loss of enjoyment of living. These damages are difficult to calculate but they can be assessed using an expert financial analysis and testimony from witnesses.

Compensation also covers future and past medical costs. This could include hospital bills as well as in-home medical care, accessories, and much more. Additionally, compensation may cover lost income if the injury has prevented a victim from working, malpractice as well as the loss of future earnings.

In the calculation of damages, both the jury and the judge will look at a variety of factors. For example when a medical mistake caused an injury that reduces the quality of life of the victim, a judge and jury could award damages that are not economic due to this loss in quality of life. This could include the cost of hiring someone to perform tasks that the injured party is unable to perform, like cleaning, cooking meals and taking care of their children.

In certain instances doctors' actions could be so reckless or negligent that punitive damages are appropriate. These are intended to punish the perpetrator and convey a clear message to other health care professionals. This is usually limited to cases of gross negligence or careless disregard for safety of patients.

Damages for wrongful death

Losing a loved ones due to medical negligence can be a difficult and financially draining experience for the family. A representative can bring a lawsuit to seek damages for the deceased's medical and funeral expenses, out of pocket costs such as equipment for home health or nursing aid or loss of future earnings, lost possibility of inheritance, and more. A plaintiff's lawyer can hire expert economists to analyze the life expectancy of the deceased, and calculate the anticipated loss of income.

The damages resulting from wrongful deaths include compensatory and punitive damages. Compensation damages pay victims for out-of-pocket losses and other losses that are easily quantifiable, such as future and present medical expenses as well as loss of consortium, pain and suffering; disfigurement and malpractice mental anxiety. Punitive damages are awarded to wrongdoers who have committed outrageous conduct, for example, leaving a sponge inside the body of a patient during surgery and needing a second surgery to remove it.

A wrongful-death claim can be filed as a separate claim to an ordinary malpractice case or as part of a survival lawsuit. A wrongful death case requires a lawyer with experience dealing with medical malpractice cases to make sure that the plaintiff is paid all damages. A skilled lawyer will examine all the evidence and documents to determine the amount a victim could be entitled to. A skilled attorney can present a convincing case to the jury and make sure that all the damages deemed eligible are included in the final settlement or verdict.