Types of
Medical Malpractice Compensation
Many states cap the amount of damages that a victim of medical negligence can get. These caps usually cover specific, tangible losses such as medical expenses and lost wages.
However, medical malpractice cases often have non-economic consequences, such as suffering and pain. The experienced lawyers at Sobo & Sobo will help you develop a claim for compensation in the following areas.
Loss of Earnings Potential
If an injury that is the result of
medical malpractice lawyers malpractice compromises your ability to earn income You can seek damages for the loss of earnings. However,
medical malpractice attorney proving the loss isn't easy. You must prove that the negligence of the doctor caused your injuries directly and not just indirectly. This can be difficult particularly if the doctor failed to recognize or treated an existing medical condition.
You may be legally entitled to both economic and non-economic damages based on the nature of the mistake. Non-economic damages are based on the impact the injuries have had on your life quality. Your attorney will employ expert testimony graphs, charts, and other graphics to show the impact of negligence.
In some cases medical negligence is so egregious you may be legally able to claim punitive damages. These damages are intended to punish the healthcare professional 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 acted in reckless or malicious ways.
Medical malpractice claims can be costly to pursue. The costs of court filings, medical records and other paperwork can quickly add up. Your lawyer must hire experts who will review your case to determine if medical professionals have violated their duty of care towards you.
Permanent Disability
medical malpractice attorney malpractice cases can be complicated, and there are many kinds of damages that are available. Compensation covers expenses such as expected future medical procedures, any ongoing treatment or care and lost wages if the injury causes an employee to be absent from work. It can also cover non-economic damages like pain and suffering.
Non-economic losses are difficult to quantify in a dollar amount but they can be a diminished quality of life. They could also include emotional and psychological distress. The lawyer representing the claimant will rely on the testimony of family members and friends to help a juror understand what impact the injury affected the victim's daily life.
A good NYC medical malpractice lawyer will scrutinize the evidence to determine the value of an action. This includes a thorough review of the medical malpractice statute of limitations which puts a limit on how long after an accident an individual plaintiff can make a claim.
The value of a claim based on medical malpractice will be determined by the magnitude and severity of the injury. Higher settlement amounts are reserved for more serious injuries. For instance, a medical professional may have erroneously diagnosed an individual suffering from a condition such as cancer, which can be life-threatening. The most serious injuries are more likely to result in a permanent disability. This can increase the cost of an insurance claim.
Suffering and Pain
The victims of medical malpractice may also seek compensation for physical pain they've experienced as a consequence of the negligence of a doctor. Physical pain may be based on an injury to the body, such as broken bones. It can include loss of of motion, scarring; the inability to exercise or sleep and sexual dysfunction as well as other injuries that affect the quality of life of the victim.
Medical malpractice compensation can include compensation for psychological pain and suffering. Mental health issues such as depression, anxiety thoughts of suicide and post-traumatic disorder (PTSD) are frequently debilitating and
medical malpractice attorney cause physical pain. Additionally the loss of mental health can also affect a person's ability to maintain healthy relationships and affect their overall quality of life.
Damages are generally separated into two categories: economic or "special" damages that are based on quantifiable financial losses and general "non-economic" damages, such as suffering and pain. It can be difficult to determine the appropriate amount for non-economic damages since they aren't easily quantified in dollars.
There are many methods of making a determination of the value of an award for pain and loss including using a multiplier method which adds up all damages that are special and multiplies that amount by a specific amount ranging from 1.5 to 5. Some states have caps on these types of awards, however in the majority of instances, judges won't overturn the jury's decision.
Future earnings loss
Medical malpractice victims can claim many different damages including future loss of earnings. This covers the amount that the victim could have earned if he or she could work at the previous job or they could have gotten an opportunity that was suited to their limitations. This is a very complex type of damage that often requires expert economists to calculate.
Lost earnings calculations are simple for those who earn at an hourly rate. An attorney can multiply an individual's hourly rate by the number of hours they missed from work to calculate their total lost earnings. If you were on the salary side, you'll have to consider the period that you could not work, in addition to your pay and benefits.
While the process of calculating lost income is relatively easy, future losses are much more complicated. An attorney will have to think about the cost of any treatment that is to be planned in the future, and also any expenses which are reasonably anticipated based on the victim's current condition.
It is essential to have a lawyer with 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 financial compensation. Contact us today to schedule an appointment for a no-cost consultation. Medical errors can be a serious issue that could cause serious damage. Our legal team is ready to take a thorough look at your case and fight for the full settlement you deserve.