Types of Medical Malpractice Compensation

Some states limit the amount of damages that a victim of medical malpractice may receive. These caps typically cover specific, measurable losses such as the cost of medical bills and lost wages.

However medical malpractice cases generally include non-economic damages such as pain and suffering. The experienced attorneys at Sobo & Sobo will help you develop a claim for compensation in the following areas.

Loss of Earnings Potential

You may be able to claim damages for lost wages if the injury is caused by medical malpractice and impairs your ability to earn income. It can be a challenge to prove the loss. It is essential to prove that the doctor's negligence caused your injuries directly, and not just indirectly. This can be difficult particularly if a doctor failed to recognize or treated a pre-existing medical condition.

Based on the nature of medical malpractice, you may be entitled to non-economic damages as well as economic damages. Non-economic damages are based on the effect the injuries have had on your life quality. It's difficult to place an amount of money on this, so your lawyer will require expert evidence, charts and graphs to prove the consequences of negligence.

In certain cases the medical error could be so severe that you can be able to claim punitive damages. These damages are meant to punish the healthcare provider who has committed a shambolic conduct. This type of damages award isn't uncommon, but it could be awarded when the healthcare provider has acted with recklessness or malice.

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 must employ experts to analyze your case to determine whether medical professionals have acted in violation of their duty of care towards you.

Permanent Disability

Medical malpractice cases can be complex, with many types of damages available. Compensation can cover costs such as expected future paulsboro medical malpractice lawsuit procedures, ongoing treatment or care and lost earnings if an injury causes people to miss work. It also covers non-economic damages such as pain and discomfort.

The non-economic damage is harder to quantify in terms of a dollar amount, but they may include any loss in quality of life. They can also encompass emotional and psychological distress, lawsuits as also pain and suffering. The lawyer of the claimant will utilize the testimony of family and friends to help jurors comprehend the impact that the injury has caused on the victim's daily life.

A reputable NYC medical negligence lawyer will scrutinize all the evidence to determine the value of the claim. This includes a review of the medical malpractice statute of limitations which sets a time limit on the amount of time after an accident a plaintiff can bring a lawsuit.

The value of a claim for medical malpractice will be determined by the extent and severity of the ailment. Settlements that are higher are reserved for more serious injuries. A doctor may have misdiagnosed cancer in the patient, and this could cause death. The most serious injuries are more likely to result in permanent disability. This increases the cost of an insurance claim.

Pain and Suffering

Medical malpractice victims may also seek compensation for the physical pain they have suffered as a result of the negligence of a doctor. Physical pain can result on an injury to the body, such as broken bones. This can include loss of of motion, scarring; the inability to exercise or sleep and sexual dysfunction and other injuries that diminish the victim's quality of life.

The psychological pain and suffering of patients is also a part of the compensation awarded to victims of medical negligence. Psychological injuries such as anxiety, suicidal thoughts, depression, and post-traumatic stress disorder (PTSD) can be incredibly physically and mentally limiting, lawsuits and can trigger physical pain as well. The loss of mental health can also impact a person's ability to work and maintain healthy relationships and overall quality of life.

Damages are usually divided into two categories that are: economic or "special" damages that are based on calculable financial losses and general or "non-economic" damages such as suffering and pain. Non-economic damages are hard to quantify in dollars, which is why it is difficult to determine the appropriate amount.

There are different methods for making a determination of the value of a pain and suffering award which includes a multiplier approach that adds up all special damages and then multiplies the result by a specific amount ranging from 1.5 to 5. Certain states have limits on these kinds of awards, however in the majority of instances, judges won't overturn the jury's decision.

Loss of Future Earnings

The victims of medical malpractice can claim many different damages that include future loss of earnings. This is the amount a victim could have earned if they were able to work at their previous job, or if a job was available that would have been suitable for their disability. This is a complicated item of damage, which often requires the assistance of an expert economist to determine.

Calculating lost earnings is simple for those who earn an hourly rate. An attorney can multiply an individual's hourly rate by the number of hours they didn't work to calculate the total loss of wages. If you earned the salary side, you'll have to take into consideration the time that you were not able to work along with your salary and benefits.

The process of calculating lost income is fairly straightforward, but future losses can be more complicated. An attorney will have to consider the cost of any future treatment, and also any expenses that are reasonably anticipated according to the victim's present 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 the best way to best pursue your financial recovery. Contact us today for a free consultation. Medical errors can be a serious issue that can cause significant damage. Our legal team is ready to take a closer look at your case and fight for the maximum amount of compensation you deserve.