Types of Medical Malpractice Compensation

There are many states that have limits on the amount of damages a medical malpractice victim can recover. These caps typically cover specific, measurable losses like medical bills and lost wages.

However medical malpractice cases typically have non-economic consequences, such as suffering and pain. The experienced attorneys at Sobo & Sobo will help you build a case for compensation in the following areas.

Loss of Earnings Potential

You can claim damages for lost wages if the injury is caused by medical negligence and affects your ability to earn income. It can be a challenge to prove these losses. You must prove the negligence of the doctor caused your injuries directly, and not just indirectly. This can be a challenge especially when it comes to an existing condition that the medical professional did not recognize or misdiagnose.

Based on the nature of medical malpractice lawsuit malpractice, you may be entitled to non-economic damages as well as economic damages. Non-economic damages are determined by the effect of the injuries on your quality of life or your life. Your lawyer will utilize expert testimony charts, graphs, and graphs to demonstrate the impact of negligence.

In certain cases the medical negligence could be so egregious that you may be able to seek punitive damages. These are designed to punish the healthcare provider for their outrageous conduct. This kind of damage award is not so common, however it can be awarded in certain situations, including when the healthcare provider acted in recklessness or with malice.

medical malpractice Attorneys malpractice claims can be costly to pursue. There are court filing fees, medical records and other documentation costs that add up quickly. Your lawyer must select experts to examine your case to determine whether medical professionals have breached their duty of care towards you.

Permanent Disability

Medical malpractice cases are usually complex, with various types of damages available. Compensation is for costs like the anticipated future medical procedures, any ongoing treatment or care and lost wages if the accident causes people to miss work. It could also include other damages that are not economic, such as suffering and pain.

Non-economic losses are difficult to quantify in a dollar amount but they could include any diminished quality of life. They can also be a result of pain and suffering, emotional and psychological distress. The lawyer for the claimant will utilize testimony from family members and friends members to help jurors comprehend the impact of the injury on the victim's life.

A good NYC medical malpractice lawsuits negligence lawyer will carefully review all the evidence in order to determine the claim's value. This includes a thorough review of the medical malpractice statutes of limitation that stipulates the time frame for which the plaintiff is required to bring a lawsuit following an accident.

The value of a claim based on medical malpractice will depend on the severity and extent of the injury. Settlements that are higher are reserved for more serious injuries. For instance, a doctor may have erroneously diagnosed an individual suffering from a condition such as cancer, which could be life-threatening. The most serious injuries are more likely to lead to permanent disability. This increases the cost of an insurance claim.

Suffering and Pain

Medical malpractice victims may also seek compensation for the physical pain they have endured as a result a doctor's negligence. Physical pain can be caused by an injury, like fractured bones, and can include scarring, the inability to sleep or exercise and loss of sexual function and other injuries that impact the victim's life quality.

Medical malpractice compensation can include compensation for psychological pain and suffering. Mental health issues such as anxiety, depression, suicidal phobia and post-traumatic stress disorder (PTSD) can be incredibly painful and cause physical pain as well. The loss of mental health may affect a person's ability to work, maintain healthy relationships, and overall quality of life.

Damages can be classified into two types: economic or "special" damage that is based on the calculation of losses, and non-economic or general damages, such as discomfort and pain. Non-economic damages are hard to quantify in dollars, therefore it can be difficult to determine the right amount.

There are a variety of methods for making a determination of the value of the pain and suffering award including using a multiplier method that adds all special damages and then multiplies that number by a specific amount ranging from 1.5 to 5. Certain states have limits on this kind of award, but judges in a majority of cases will not uphold the jury's decision.

Loss of Future Earnings

Medical malpractice victims are entitled to a variety of damages including loss of future earnings. This is the amount a victim could have earned had they been employed at their previous job, or if a job accessible to them that was suited to their disability. This is a complicated type of damage that usually requires the help of an expert economist to calculate.

Lost earnings calculations are simple if the victim was working on an hourly basis. A lawyer can multiply the hourly rate of a worker by the number hours they were absent to calculate their lost wage. A person who worked employed on a salary must take into account the length of time they were unable to work, as well as their salary and benefits.

While the calculation of lost income is quite straightforward, future losses are more complex. The attorney must take into account the cost of future treatments as well as the expenses that are reasonable depending on the condition of a patient.

It is important to have a lawyer who has experience on your side when you are seeking compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can assist you in determining how to most effectively pursue your financial recovery. Contact us today to schedule an appointment for a no-cost consultation. Medical errors can be a serious issue that can cause serious damage. Our legal team will examine your case in detail and fight for the compensation you deserve.