Types of Medical Malpractice Compensation

A number of states have caps on the amount of damages that an individual victim of medical malpractice attorney malpractice may recover. These caps typically cover specific, tangible losses such as medical expenses and lost wage.

However, medical malpractice cases often include non-economic damages such as suffering and pain. The experienced lawyers at Sobo & Sobo will help you build a case for compensation in the following areas.

Loss of Earnings Potential

You may claim compensation for lost earnings if the injury was caused by medical malpractice and impacts your ability to earn income. It isn't easy to prove these losses. It is essential to prove that the medical professional's negligence caused your injuries directly and not only indirectly. This isn't easy particularly if the doctor failed to diagnose or omit a pre-existing medical condition.

You could be entitled to both non-economic damages depending on the nature of the error. Non-economic damages are based on the effect the injuries have affected your life quality. It's difficult to place an amount of money on this, so your lawyer will need to rely on expert testimony, charts, and graphs to prove the consequences of negligence.

In some instances medical negligence can be so severe that you are eligible to claim punitive damages. These are designed to punish the healthcare provider for their outrageous actions. This type of damages award is not typical, but it can be awarded when a healthcare provider is guilty of negligence or with malice.

Medical malpractice claims can be expensive to pursue. There are court filing fees, medical records, and other costs for documentation which can quickly add up. Your lawyer will need to select experts to examine your case to determine if medical professionals have violated their duty of care towards you.

Permanent Disability

Medical malpractice cases are often complex, with many types of damages available. Compensation is for costs like the anticipated future medical procedures, any ongoing care or treatment, and lost wages if the accident causes the person to miss work. It may also cover non-economic damages, like pain and suffering.

Non-economic damages are harder to quantify in terms of dollar value, but they can be a decrease in the quality of life. They could also include pain and suffering, emotional and psychological distress. The lawyer of the claimant will utilize the testimony of family members and friends to help a juror understand what impact the injury affected the victim's daily life.

A reputable NYC medical negligence lawyer will carefully review all the evidence to determine the worth of the claim. This includes a look at the medical malpractice statute of limitations which puts a limit on the time after an accident that a plaintiff can file a lawsuit.

The value of a medical malpractice claim will depend on the severity of the injury, with higher settlement amounts tend to be reserved for more severe injuries. A doctor may have missed a diagnosis of cancer in the patient, and this could be fatal. The most serious injuries are more likely to cause a permanent disability. This increases 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 because of the negligence of a doctor. Physical pain may result from an injury, such as a broken bone and can also cause scarring or the inability to sleep or exercise or exercise, loss of sexual function and other injuries that impact the quality of life of the victim.

Psychological pain and suffering is also a part of the compensation offered to victims of medical malpractice. Mental health issues such as anxiety, suicidal thoughts, depression and post-traumatic stress disorder (PTSD) can be incredibly painful and cause physical pain as well. In addition the loss of mental health can also impact a victim's ability to maintain healthy relationships, and impact their overall quality of life.

Damages can be classified into two types: economic or "special" damage, which is based on measurable losses, and non-economic or general damages, like discomfort and pain. Non-economic damages are hard to quantify in dollars, and so it is difficult to determine the right amount.

There are a variety of methods to calculate the value of an award for suffering and pain, such as using a multiplier. This method is where you add all the damages together, and then multiply this number by a specified amount that is between 1.5 to 5. There are some states that have limits on this kind of award, however judges in the majority of instances will not be able to reverse the jury's decision.

Loss of future earnings

Medical accident victims are entitled to various damages, including loss of future earnings. This is the amount a victim would have earned if he or she could work at their previous job, or if they were able to get a job that suited their physical limitations. This is a complicated item of damage, which often requires the assistance of an expert economist to determine.

Lost earnings calculations are straightforward for those who earn an hourly wage. A lawyer can multiply the hourly rate of a worker by the number of hours they did not work to determine their total lost wages. If you are on a salary, you will need to consider the time that you were unable to work in addition to your salary and benefits.

Calculating lost income is relatively simple, but the future loss can be more complex. An attorney will need to examine the costs of any future treatment, and any other costs which are reasonably anticipated in light of the victim's current state of health.

When pursuing compensation for medical malpractice, it's essential to have a skilled lawyer on your side. Our team at Weltchek Mallahan & Weltchek can help you determine how to best pursue your financial recovery. Contact us today for an appointment with us for a no-cost consultation. Medical errors can be a serious issue that can cause significant damage. Our legal team will look over your case with care and fight to get the compensation you deserve.