Types of Medical Malpractice Compensation

Many states limit the amount of damages that a victim of medical malpractice may receive. The caps typically only cover specific, measurable losses like medical bills and lost wages.

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

Potential loss of earnings

You can claim damages for lost earnings if the injury was caused by medical negligence and affects your ability earn income. 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 challenge particularly if a doctor failed to recognize or treated a pre-existing medical condition.

You may be entitled to both non-economic damages, medical Malpractice lawyer based on the type of negligence. Non-economic damages are based on the impact the injuries have had on your quality of life. It's difficult to place a dollar amount on this, which is why your lawyer will need to rely on expert testimony, charts and graphs to show the effect of the negligence.

In some instances medical negligence is so grave that you could be legally able to claim punitive damages. They are designed to penalize the healthcare provider for his or her outrageous actions. This type of damage award isn't as common, but it can be awarded in certain circumstances, such as when the healthcare provider acted in reckless or malicious ways.

Medical malpractice lawsuits are costly to pursue. There are court filing fees, medical records, and other documentation costs that can add up quickly. Your lawyer will also have to enlist experts to review your case and determine whether medical professionals breached their duty to you.

Permanent Disability

Medical malpractice cases can be complex and can involve a variety of types of damages. Compensation can cover expenses such as future medical procedures, ongoing care and treatment or lost wages in the event that an injury caused someone to miss work. It can also cover non-economic losses like pain and discomfort.

Non-economic damages can be difficult to quantify, but could include any decrease in the quality of life. They can also be a result of suffering and pain, as well as emotional and psychological distress. The lawyer for the claimant will use the testimony of family and friends to help jurors comprehend how the injury had on the victim's daily life.

A reputable NYC medical malpractice lawyer will carefully review the evidence to determine the value of a claim. This includes a review of the medical malpractice statute of limitations which sets a time limit on the length of time that after an accident plaintiff can pursue a lawsuit.

The value of a medical malpractice attorneys negligence claim will be determined by the severity of the accident, with higher settlement amounts tend to be reserved for more serious injuries. For instance, a doctor might have mistakenly diagnosed an individual suffering from a condition like cancer, which could be life-threatening. The most serious injuries are also more likely to result in an indefinite disability, medical malpractice lawyer which will increase the cost of a claim.

Pain and Suffering

Medical malpractice victims may also seek compensation for the physical pain they've suffered as a consequence of the negligence of a doctor. Physical pain can result on an injury to the body, like broken bones. It can include loss of range of motion, scarring, the inability to exercise or sleep as well as loss of sexual function as well as other injuries that impact the quality of life for the victim.

The compensation for medical malpractice could include compensation for psychological pain and suffering. Psychiatric injuries, 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 could affect a person's ability to work, maintain healthy relationships, and their overall quality.

Damages are usually divided into two categories one being economic or "special" damages that are based upon the possibility of calculating financial losses, and general or "non-economic" damages such as suffering and pain. Non-economic damages are difficult to quantify in dollars, which is why it can be difficult to determine an appropriate amount.

There are many methods of making a determination of the value of a pain and suffering award including a multiplier technique that adds up all damages that are special and multiplies that number by a certain amount, ranging from 1.5 to 5. Some states have limits on this kind of award, however judges in a majority of instances will not be able to reverse the jury's decision.

Loss of future earnings

Medical negligence victims are entitled to a variety of damages including future earnings loss. This includes the amount a victim would have earned if he or she could work at the previous job or if they were able to get an employment that was suitable for their needs. This is a complicated item of damage that usually requires the assistance of an expert economist to determine.

Calculating lost earnings is simple when the victim is earning at an hourly rate. A lawyer can multiply the hourly wage of a person by the number of hours they missed to determine their total lost wages. If a person was employed employed on a salary will need to take into account the length of time that they were unable to work as well as their salary and benefits.

While the calculation of lost income is quite simple, future losses are more complex. The attorney must take into account the cost of any future treatment and expenses that can be reasonably anticipated based on a victim's condition.

It is essential to have a lawyer who has experience on your side when seeking compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can help you determine how to best pursue your financial recovery. Contact us today to schedule an appointment free of charge. Medical errors can be a serious issue that can cause serious damage. Our legal team will analyze your case thoroughly and fight to get the compensation you deserve.