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Types of Medical Malpractice Compensation

Many states have limits on the amount of damages a medical malpractice victim can be awarded. The caps usually only cover specific, quantifiable losses, such as medical bills or lost wages.

However medical malpractice cases usually involve non-economic losses such as suffering and pain. The experienced lawyers at Sobo & Sobo will help you build a case for compensation in the following areas.

Potential loss of earnings

If an injury caused by medical negligence hinders your ability to earn income you may be able to claim damages for lost earnings. It can be a challenge to prove these losses. It is essential to prove that the medical professional's negligence caused your injuries directly and not only indirectly. This can be difficult, especially if the doctor did not recognize or treat the presence of a medical condition prior to it.

You could be entitled to both economic and non-economic damages, based on the nature of the negligence. Non-economic damages are determined by the impact of the injuries on your quality or life. It's difficult to place an amount on this, and your attorney will need to use expert evidence, charts and graphs to prove the consequences of the negligence.

In some instances, the medical negligence may be so severe that you can be able to claim punitive damages. These are intended to penalize the healthcare provider for his or her outrageous conduct. This kind of damage award isn't so common, however it can be awarded in certain circumstances, such as when the healthcare provider has acted in reckless or malicious ways.

Medical malpractice claims can be costly to pursue. The costs of court filings, medical malpractice lawsuits records and other documentation can quickly become costly. Your lawyer must select experts to examine your case to determine whether medical professionals have violated their duty of care to you.

Permanent Disability

Medical malpractice cases can be complicated and involve many different types of damages. Compensation covers expenses such as the anticipated future medical procedures, any ongoing treatment or care, and lost wages if the accident causes someone to miss work. It also covers non-economic damages such as pain and discomfort.

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

A reputable NYC medical malpractice lawyer will scrutinize the evidence to determine the value of the claim. This includes a thorough review of the medical malpractice statutes of limitations that stipulates the time frame for which a plaintiff has to bring a lawsuit following an accident.

The value of a claim based on medical malpractice will depend on the degree and severity of the injury. The larger settlement amounts are reserved for more serious injuries. For instance, a doctor might have mistakenly diagnosed the patient with a disease like cancer, which can be life-threatening. The most serious injuries are also more likely to result in an indefinite disability, which will increase the cost of an insurance claim.

Pain and Suffering

Patients who suffer from medical malpractice can seek compensation for the physical pain they've endured as a result a doctor's negligence. Physical pain can result from an injury, such as a broken bone and may also result in scarring or the inability to sleep or exercise, loss of sexual function, and other injuries affecting the victim's life quality.

Compensation for medical malpractice can include compensation for psychological pain and suffering. Psychiatric injuries, such as anxiety depression, suicidal ideas, and post-traumatic stress disorder (PTSD) can be incredibly debilitating and can cause physical pain as well. In addition, the loss of mental health can also impact a victim's ability to maintain healthy relationships, and impact their overall quality of life.

Damages can be divided into two categories, economic or "special" damage that is based on the calculation of losses and general damages, like pain and discomfort. Non-economic damages are difficult to quantify in dollars, which is why it is difficult to determine the right amount.

There are many methods of formulating the value of the pain and suffering award including a multiplier technique, which adds up the damages for special damages and multiplies that number by a specified amount that ranges from 1.5 to 5. Certain states have limits on these types of awards, however in the majority of cases, judges will not overturn the jury's decision.

Loss of Future Earnings

Medical negligence victims are entitled to various damages, including future earnings loss. This is the amount the victim would have earned if he or she could work at their previous job or if they were able to secure an employment that was suitable for their disabilities. This is a complicated type of damage that typically requires the help of an expert economist to calculate.

Calculating lost earnings is simple for those who earn an hourly wage. An attorney can multiply an individual's hourly rate by the number of hours they were absent from work to calculate their total lost wages. Someone who was working on a salaried job must consider the amount of time they were unable to work, as well as their pay and benefits.

Calculating lost income is relatively straightforward, but future losses could be more complex. An attorney will have to examine the costs of any future treatment, as well as any costs that are reasonably anticipated in light of the victim's current health.

When pursuing compensation for medical malpractice, it's important to have an experienced lawyer on your side. At Weltchek Mallahan & Weltchek, our team can assist you to decide on the best way to pursue financial compensation. Contact us today to schedule an appointment for a no-cost consultation. Medical errors can be a serious issue that can cause significant damage. Our legal team is prepared to take a thorough look at your case and fight for the full compensation that you deserve.