Types of Medical Malpractice Compensation

Many states have limits on the amount of damages that a medical malpractice victim can get. These caps usually cover only specific, quantifiable losses such as the cost of medical bills and lost wages.

Medical malpractice cases can often result in non-economic damages, such as pain and suffering. The skilled attorneys at Sobo & Sobo will help you build a case for compensation in the following areas.

Potential loss of earnings

If the injury caused by medical negligence affects your capacity to earn income you may be able to claim damages for lost wages. It isn't easy to prove the loss. You must prove the doctor's negligence caused your injuries directly and not only indirectly. This can be a difficult task particularly if it involves a pre-existing condition that the medical malpractice lawyers professional misdiagnosed or ignored.

Depending on the kind of medical malpractice, you may be entitled to economic damages, as well as economic damages. Non-economic damages are based on the impact the injuries have affected your quality of life. It's often difficult to put an amount of money on this, and your attorney must use expert testimony, charts and medical malpractice graphs to demonstrate the impact of negligence.

In some cases, the medical negligence may be so severe that you can be able to claim punitive damages. These damages are designed to punish the healthcare provider who has engaged in outrageous behavior. This type of damage award is not as frequent, but it can be awarded in certain situations, including when the healthcare provider has acted in reckless or malicious ways.

Medical malpractice cases are costly to pursue. The costs of court filings, medical records, and other records can quickly accumulate. Your lawyer will need to engage experts to review your case to determine if medical professionals have violated their duty of care to you.

Permanent Disability

Medical malpractice cases are usually complex, medical malpractice with many types of damages available. Compensation covers expenses such as the anticipated future medical procedures, ongoing care or treatment, and lost wages if the injury causes someone to miss work. It also covers non-economic costs like discomfort and pain.

Non-economic damages are difficult to quantify, but can include any decrease in the quality of life. They may also include pain and suffering, emotional and psychological distress. The claimant's attorney will use testimony from family and friends members to help a jury be aware of the effects of the injury on the victim's life.

A good NYC medical malpractice lawyer will carefully review the evidence to determine the worth of a claim. This includes a look at the medical malpractice statute of limitations, which puts a limit on how long after an accident a plaintiff can bring a lawsuit.

The value of a claim for medical malpractice will depend on the degree and severity of the damage. A higher settlement amount is reserved for more serious injuries. A doctor may have misdiagnosed cancer in the patient, which could be fatal. The most serious injuries are more likely to cause a permanent disability. This can raise the cost of an insurance claim.

Pain and Suffering

The victims of medical malpractice may also seek compensation for the physical pain they've felt as a consequence of a doctor’s negligence. Physical pain could be based on an injury to the body, like broken bones. This 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 impact the quality of life for the victim.

Psychological pain and suffering can also be a part of the compensation that is awarded to victims of medical malpractice. Psychiatric injuries like anxiety, depression, suicidal phobia and post-traumatic stress disorder (PTSD) can be incredibly debilitating and can cause physical pain as well. The loss of mental health could also impact a person's ability to work and maintain healthy relationships and overall quality of life.

Damages can be divided into two categories, economic or "special" damage that is based on measurable losses, and non-economic or general damages, like discomfort and pain. Non-economic damages are difficult to quantify in dollars, and so it can be difficult to determine the proper amount.

There are many methods of formulating the value of a pain and suffering award including using a multiplier method, which adds up all special damages and then multiplies the result by a specified amount that ranges from 1.5 to 5. There are a few states that have limits on this kind of award, but judges in most cases will not uphold the jury's decision.

Loss of Future Earnings

The victims of medical malpractice can claim a wide variety of damages that include future loss of earnings. This is the amount a victim would have earned had they been able to work at their previous job or if they could have gotten an employment that was suitable for their physical limitations. This is a complicated type of damage, and often requires expert economists to calculate.

Calculating lost earnings is straightforward when the victim earns an hourly rate. An attorney can multiply an individual's hourly wage by the number of hours they did not work to calculate their total lost wages. If a person was employed on a salaried job will need to take into account the amount of time they were not able to work, as well as their pay and benefits.

While the process of calculating lost earnings is fairly simple, future losses are much more complicated. An attorney will have to consider the cost of any future treatment and any other costs which are reasonably anticipated in light of the patient's current state of health.

When pursuing compensation for medical malpractice lawsuit malpractice, it's crucial to have an experienced lawyer on your side. At Weltchek Mallahan & Weltchek, our team can help you determine the best approach to pursue your financial recovery. Contact us today to schedule an appointment for a no-cost consultation. Medical errors can be a serious problem that can cause significant damage. Our legal team is prepared to look closely at your case and fight for the full compensation you are entitled to.