Types of Medical Malpractice Compensation

Many states cap the amount of damages that a victim of medical malpractice can recover. These caps usually cover only specific, quantifiable losses such as medical expenses and lost wages.

Medical malpractice cases often be accompanied by non-economic losses, such as pain and suffering. The skilled attorneys at Sobo & Sobo will help you establish a case for compensation in the following areas.

Loss of Earnings Potential

You can claim damages for lost wages if the injury is caused by medical malpractice and affects your ability to earn income. It can be a challenge to prove these losses. You must prove that the doctor's error was the primary cause of your injuries, rather than simply a result of them. This can be challenging particularly if a doctor misdiagnosed or ignored a pre-existing medical condition.

You could be entitled to both economic and non-economic damages based upon the type of error. 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, so your attorney will need to use expert testimony, charts and graphics to demonstrate the effects of the negligence.

In some cases, the medical negligence may be so egregious that you are able to be able to claim punitive damages. They are designed to penalize the healthcare provider for his or her outrageous behavior. This kind of damages award is not often seen, but it may be awarded when the healthcare provider was acting with negligence or with malice.

Medical malpractice claims are expensive to pursue. The costs of court filings, medical records, and other records can quickly become costly. Your lawyer will also need to engage experts to analyze your case to determine if medical professionals violated their duty to you.

Permanent Disability

Medical malpractice cases can be complex and can result in a variety of damages. Compensation covers costs such as the anticipated future medical procedures, ongoing treatment or care, and lost earnings if the injury leads people to miss work. It can also cover non-economic costs like discomfort and pain.

Non-economic damages are difficult to quantify, but can include any loss in quality of life. They can also include suffering and pain, as well as emotional and psychological distress. The claimant's lawyer will use the testimony of friends and family to help jurors understand what impact the injury had on the victim's daily life.

A good NYC medical negligence lawyer will carefully review all the evidence to determine the claim's value. This includes a review of the Medical Malpractice Attorneys malpractice statute of limitations which puts a limit on the time after an accident that plaintiff can file a lawsuit.

The value of a medical malpractice claim will be determined by the severity of the accident and settlement amounts tending to be reserved for more severe injuries. For instance, a medical professional may have erroneously diagnosed an individual suffering from a condition such as cancer, which can be life-threatening. The most serious injuries are more likely to result in an indefinite disability. This can increase the cost of an insurance claim.

Pain and Suffering

Medical malpractice victims can also seek compensation for the physical pain they have endured as a result negligence by a doctor. Physical pain can result from an injury, such as fractured bones or a scar. It could also be caused by, the inability to sleep or exercise, loss of sexual function as well as other injuries that affect the victim's life quality.

Psychological suffering and pain could also be a component of the compensation offered to victims of medical malpractice. Mental health issues such as anxiety, depression, suicidal phobia, and post-traumatic stress disorder (PTSD) can be extremely debilitating and can cause physical pain as well. The loss of mental health could also impact a person's ability to work and maintain healthy relationships and overall quality of life.

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

There are a variety of ways to calculate the value of an award for suffering and pain, such as using a multiplier. This method adds all special damages in a single calculation and then multiplies the number by a specific amount that is between 1.5 to 5. There are a few states that have limits on this kind of award, but judges in a majority of cases will not overturn the jury's decision.

Loss of Future Earnings

Medical malpractice victims can recover many different damages, including future loss of earnings. This is the amount the victim would have earned if they were able to work at the previous job or they could have gotten an opportunity that was suited to their needs. This is a complicated item of damage, which often requires the help of an expert economist to calculate.

Calculating lost earnings is straightforward when the victim earns an hourly rate. An attorney can multiply a person's hourly rate by number of hours they did not work to find their total lost earnings. An individual who was employed on a salary must consider the length of time they were not able to work, as well as their pay and benefits.

The process of calculating lost income is simple, however future losses can be more complicated. An attorney will need to examine the costs of any treatment that is to be planned in the future, in addition to any costs that are reasonably anticipated based on the victim's current condition.

If you are seeking compensation for medical malpractice, it is essential to have a skilled lawyer on your side. At Weltchek Mallahan & Weltchek, our team can help you determine the best way to pursue your financial recovery. Contact us today for an appointment free of charge. Medical errors are a grave problem that could cause severe damage. Our legal team will review your case in detail and fight for the compensation you are due.