Types of Medical Malpractice Compensation

Many states have limits on the amount of damages an individual victim of medical malpractice may get. These caps usually cover only specific, quantifiable losses like medical bills and lost wages.

However, medical malpractice cases often involve non-economic damages like suffering and pain. The experienced lawyers at Sobo & Sobo can help you establish a strong case to recover compensation for these losses in the following areas.

Loss of Earnings Potencial

You can seek damages for lost wages if the injury is caused by medical malpractice and impacts your ability to earn income. It can be a challenge to prove these losses. You must prove that the doctor's error was a direct cause of your injuries, rather than just a result of them. This can be a challenge particularly when it is involving a pre-existing condition that the medical professional failed to recognize or misdiagnose.

You may be entitled to both economic and non-economic damages based upon the nature of the error. Non-economic damages are based on the impact the injuries have affected your life quality. It's not always easy to put the value of this, which is why your lawyer will need to rely on expert evidence, charts and graphs to show the effect of negligence.

In certain instances the medical negligence may be so severe that you may be able to seek punitive damages. These are designed to punish the healthcare provider for outrageous actions. This kind of damage award isn't so common, however it is possible to award it in certain instances, Law such as instances where the healthcare professional acted with malice or recklessness.

Medical malpractice lawsuits are costly to pursue. The costs of court filings, medical records and other paperwork can quickly become costly. Your lawyer will also have to enlist experts to review your case and determine if medical professionals breached their duty to you.

Permanent Disability

Medical malpractice cases are often complex, with many types of damages available. Compensation can cover expenses such as future medical procedures, ongoing care and treatment, or lost wages, if an injury caused someone to miss work. It also covers non-economic losses like pain and discomfort.

Non-economic damages are more difficult to quantify in a dollar amount but they may include any reduction in quality of life. They can also cover emotional and psychological distress as along with suffering and pain. The lawyer representing the claimant will use testimony from friends and family members to assist jurors understand the impact of the injury on the victim's life.

A good NYC medical malpractice law firm malpractice lawyer will thoroughly review the evidence to determine the value of a claim. This includes a review of the medical malpractice lawsuit malpractice statute of limitations which imposes a time limit on the amount of time after an accident plaintiff can file a lawsuit.

The value of a claim for medical malpractice will be determined by the degree and severity of the damage. Higher settlement amounts are reserved for more serious injuries. A doctor might have misdiagnosed cancer in the patient, which could be fatal. The most severe injuries are also more likely to result in permanent disability, which will increase the cost of a claim.

Pain and Suffering

Victims of medical malpractice can also seek compensation for physical discomfort they've endured 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; loss of sexual function and other injuries that impact the quality of life of the victim.

Pain and suffering from psychological causes can also be a component of the compensation given to victims of medical negligence. Mental health issues such as depression, anxiety and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. Additionally the loss of mental health can also affect a person's ability to maintain healthy relationships, and impact their overall quality of life.

Damages are generally classified into two categories: economic or "special" damages that are based upon tangible financial losses and general or "non-economic" damages like suffering and pain. Non-economic damages are difficult to quantify in dollars, therefore it is difficult to determine an appropriate amount.

There are a variety of ways to calculate the value of an award for pain and suffering, for instance using a multiplier. This method adds all special damages together, and then multiply this number by a certain amount between 1.5 and 5. Certain states have caps on this type of award, however judges in a majority of instances will not be able to reverse the verdict of the jury.

Future earnings loss

The victims of medical malpractice can claim numerous damages that include future loss of earnings. This covers the amount that the victim would have earned if they were able to work at the previous job or they were able to get an employment that was suitable for their limitations. This is a very complex type of damage and usually requires experts in economics to determine.

Calculating lost earnings is easy for those who earn an hourly rate. A lawyer can multiply the hourly rate of a worker by the number hours they missed to determine their total lost wages. A person who worked in a salaried position will have to take into account the amount of time they were not able to work as well as their pay and benefits.

While the process of calculating lost earnings is fairly easy, future losses are more complex. A lawyer must consider the cost of any treatment that is to be planned in the future, and also any expenses that are reasonable to anticipate in light of the patient's current situation.

When pursuing compensation for medical malpractice, it is essential to have a skilled lawyer by your side. At Weltchek Mallahan & Weltchek, our team of lawyers can help you decide on the best way to pursue your financial recovery. Contact us today for a free consultation. Medical errors are a grave problem that could cause severe damage. Our legal team is prepared to look closely at your case and fight for the maximum compensation you are entitled to.