Types of Medical Malpractice Compensation

Many states limit the amount of damages that a victim of medical malpractice can be awarded. These caps usually cover only measurable, specific losses like medical bills and lost wages.

However medical malpractice cases typically include non-economic damages such as pain and suffering. The experienced attorneys at Sobo & Sobo can help you build a strong case for compensation for these damages in the following areas.

Potential loss of earnings

You may be able to claim damages for lost wages if the injury is caused by medical negligence and affects your ability to earn income. However, proving the loss is not easy. It is essential to prove that the medical professional's negligence caused your injuries directly, and not only indirectly. This can be a challenge especially if the doctor failed to diagnose or omit an existing medical condition.

Depending on the kind of medical malpractice, you could 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 life. It's often difficult to put the value of this, which is why your lawyer will need to rely on expert testimony, charts, and graphs to demonstrate the impact of negligence.

In some instances medical negligence is so egregious you may be able to claim punitive damage. These damages are intended to penalize the healthcare provider who has engaged in a shocking conduct. This type of damages award is not common, but can be awarded when a healthcare provider has acted with malice or irresponsibility.

Medical malpractice lawsuits are costly 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 whether medical professionals have violated their duty of care towards you.

Permanent Disability

corbin medical malpractice law firm malpractice cases can be complex and can involve a variety of types of damages. Compensation can cover costs such as the anticipated future st michael medical Malpractice law Firm procedures, any ongoing treatment or care, and lost earnings if an injury causes someone to miss work. It can also cover non-economic losses like discomfort and pain.

Non-economic damages can be difficult to quantify, but could include any decrease in the quality of life. They could also include suffering and pain, emotional and psychological distress. The lawyer for the claimant will utilize testimony from friends and family members to help jurors to understand the impact of the injury on the victim's life.

A reputable NYC medical negligence lawyer will thoroughly review all the evidence to determine the claim's value. This includes a thorough review of the medical malpractice statutes of limitations which restricts the time a plaintiff can pursue a lawsuit after an accident.

The value of a medical malpractice claim will depend on the severity of the accident and settlement amounts typically reserved for more severe injuries. A doctor could have missed the diagnosis of cancer in an individual patient, which could cause death. The most serious injuries are also more likely to cause permanent disability, which increases the cost of an insurance claim.

Suffering and Pain

Patients who have suffered from medical malpractice can also seek compensation for physical discomfort they've endured as a consequence of a doctor’s negligence. Physical pain can result from an injury, like a broken bone and can also cause scarring as well as the inability of sleeping or exercise and loss of sexual function, and other injuries affecting the quality of life of the victim.

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

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

There are various methods for making a determination of the value of an award for pain and loss which includes a multiplier approach that adds up all damages that are special and multiplies the result by a specific amount ranging from 1.5 to 5. There are some states that have limits on this kind of award, but judges in most cases will not uphold the verdict of the jury.

Future earnings loss

Medical malpractice victims can claim a variety of damages including loss of future earnings. This includes the amount a victim would have earned if he or she could work at the previous job or they could have gotten a job that suited their needs. This is a very complex type of damage, and often requires expert economists to calculate.

Calculating lost earnings is straightforward for those who earn an hourly rate. An attorney can multiply an individual's hourly wage by the number of hours they didn't work to find the total amount of lost wages. Someone who was working employed as a salaried worker must consider the length of time they were unable to work, as well as their salary and benefits.

While the process of calculating lost earnings is fairly straightforward, future losses are more complex. The lawyer will need to take into consideration the cost of treatment in the future and expenses that can be reasonably anticipated in light of the condition of the victim.

It is crucial to have a lawyer with experience to assist you in pursuing compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can help you determine how to best pursue your financial recovery. Contact us today for a free consultation. Medical errors can be a serious issue that can cause a lot of harm. Our legal team is prepared to take a close look at your case and fight for the full compensation that you deserve.