Understanding Your Rights to Medical Malpractice Compensation in New York

Medical malpractice could cause a number of losses including costly medical care, lost wages and non-economic damages, such as pain and suffering. A reputable New York attorney can help you understand your rights to be compensated.

The first step is to determine whether you suffered injuries because of a medical error. You can then make a claim for malpractice.

Medical expenses

The most obvious cost in the context of malpractice is that of medical treatment needed to treat the results of the injuries. This category of damages has a cap set by law of the state which is determined in the liability insurance policy of a health care provider. Some states also establish injured patients compensation funds to reduce the cost of litigation and to help lower the cost of liability insurance for providers.

Victims are entitled to compensation in addition to medical expenses if the negligence is deemed to be a contributing factor. These are called economic or special damages. They include the cost of any medical treatments (past and in the future) required to treat the injuries resulting from the negligence, as well in any loss of income caused by being unable to work because of the injury.

In medical malpractice cases, pain and suffering damages are also typical. This type of damage is subjective and may differ dramatically between different claimants. It includes any emotional or physical discomfort, and other non-physical effects associated with the error. For example the plaintiff could be compensated for a mistake made by a doctor which caused her to miss an important cancer screening appointment.

In some instances, punitive damages may also be awarded. These are meant to punish doctors for particularly unprofessional conduct, such as leaving a sponge in the patient after surgery.

Suffering and pain

In medical malpractice cases the pain and suffering of the victim is an example of non-economic damages. They are a way to compensate for the physical and emotional trauma a victim endured because of the doctor's negligence. The symptoms can be minor, like discomfort or anxiety, or major symptoms, such as loss of pleasure in life, depression, embarrassment, insomnia, and fear.

It is difficult to assign a value on the amount of suffering and pain, jury instructions usually leave it up to the jurors. They can rely on their own judgement, background and experience to determine what they consider fair and reasonable. The amounts awarded in malpractice cases vary widely.

Your medical malpractice attorney can help you prove the extent of your suffering by using evidence that is demonstrably backed by. X-rays and photos, along with home movies, models and diagrams can aid jurors in understanding the extent of your injuries.

If a doctor's malpractice resulted in the death of a patient's heirs, they may be able to claim damages under survival statutes, or wrongful death lawsuits. In the case of wrongful death, laws generally allow the spouse and children to receive the same compensation as they would've received if the patient had lived. The total amount of damages that a victim can receive is usually restricted by the state's caps on suffering and pain. This is why it's so crucial to have a skilled medical malpractice attorney on your side to fight for the amount of compensation you're entitled to.

Lost wages

You are able to recover your lost wages if you miss work because of medical malpractice law firm. This amount includes your base salary bonus, commissions, bonuses and other benefits of employment. It also includes any pay increases or pay increases. Your lawyer will review your past pay stubs and calculate your income before the injury. Then, subtract the missed work from that amount to calculate your total lost earnings. Your lawyer can also help you determine the future loss of earnings by using a present value calculation. This is a financial analysis that examines the impact of your injuries in the future on your ability to earn a living. It's typically performed by a specialist hired through your attorney.

There is also the possibility of recovering non-economic damages, like suffering and pain due to the negligence. The jury will decide the appropriate compensation amount which varies from case to case. Some states have a limit on these damages. However they have been declared inconstitutional by numerous courts.

Seven-figure settlements are typically associated with serious permanent injuries or wrongful deaths that result from extreme medical neglect. High-value settlements may be granted for among other things, surgical errors that cause amputations or brain injuries to infants and mothers, as well as anesthesia errors that lead to comas. Punitive damages, which are intended to punish bad behavior, may also be available in certain instances.

Damages to future medical treatment

In a medical malpractice lawsuit there are two kinds of damages a plaintiff could pursue: non-economic and economic damages. The former are based upon calculable financial losses, such as past and future medical expenses. The latter are more difficult to quantify and include the pain and suffering as well as the loss of enjoyment of life. In a medical negligence lawsuit the jury is required to examine expert testimony to determine the losses of these kinds.

Past medical expenses are relatively simple to prove through the submission of actual bills from the injured person's health care providers. The attorney for the plaintiff will submit medical evidence to show what procedures are likely be required in the near future, and how much they will cost today. The amount of medical treatments required could be affected by the age of the victim when they were injured.

Proving damages for future lost wages is attainable by demonstrating how the injury has affected the patient's earning capacity and ability to work. This may be supported by expert testimony or examining similar cases in the past.

Pain and suffering is a broader category of damages that encompasses the physical and psychological discomfort and distress that suffers a patient from medical malpractice. This kind of injury is usually based on the statements of the victim and witnesses as well as evidence like photos videos, audiotapes, and written reports.