Types of Medical Malpractice Compensation

A number of states have caps on the amount of damages that a medical malpractice victim can get. The caps typically only cover measurable, specific losses such as the cost of medical bills and lost wages.

However medical malpractice cases usually involve non-economic losses such as pain and suffering. The experienced attorneys at Sobo & Sobo can help to build a strong case for compensation for these injuries 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 negligence and affects your ability to earn income. However, proving that these losses can be a challenge. You must demonstrate that the doctor's negligence was the direct cause of your injuries, not just a result of them. This can be a challenge particularly when it is involving an existing condition that the medical professional misdiagnosed or ignored.

Depending on the type of medical malpractice, you may be entitled to non-economic damages and economic damages. Non-economic damages are based on the impact the injuries have had on 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 testimony, charts, and graphs to demonstrate the effects of negligence.

In some instances, medical malpractice lawyer negligence can be so serious that you might be capable of claiming punitive damages. These damages are designed to punish the healthcare professional who has engaged in a shocking actions. This type of damage award isn't as common, but it is possible to award it in certain circumstances, such as when the healthcare provider has acted in recklessness or with malice.

Medical malpractice claims can be costly to pursue. There are court filing fees, medical records, and other documentation costs that can add up quickly. Your lawyer will need to engage experts to review your case to determine if medical professionals have violated their duty of care to you.

Permanent Disability

Medical malpractice cases are often complex, with many types of damages that are available. Compensation may cover costs such as future medical malpractice lawyer procedures, ongoing care and treatment, or lost wages, in the event of an injury that caused someone to be unable to work. It could also include other damages that are not economic, such as pain and suffering.

The non-economic costs can be difficult to quantify, but can include any reduction in the quality of life. They can also include emotional and psychological distress, as well as suffering and pain. The claimant's attorney will use testimony from friends and family members to help jurors to understand the impact of the injury on the victim's life.

A reputable NYC medical negligence lawyer will take the time to review every piece of evidence to determine the value of the claim. This includes a thorough review of the medical malpractice statutes of limitations that restricts the time the plaintiff is required to bring a lawsuit following an accident.

The value of a medical malpractice claim will be determined by the severity of the incident, with higher settlement amounts tending to be reserved for more serious injuries. A doctor may have misdiagnosed cancer in the patient, which could cause death. The most severe injuries are also more likely to cause a permanent disability, which raises the cost of the claim.

Pain and Suffering

Patients who suffer from medical malpractice can seek compensation for the physical pain they have endured as a result a doctor's negligence. Physical pain may result from an injury, like fractured bones or a scar. It could also be caused by, the inability to sleep or exercise, loss of sexual function and other injuries that impact the quality of life of the victim.

The psychological pain and suffering of patients is also a part of the compensation given to victims of medical malpractice. Mental health issues such as depression, anxiety and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. The decline in mental health can also impact a person's ability to work, maintain healthy relationships, and overall quality of life.

Damages are generally separated into two categories one being economic or "special" damages that are based on tangible financial losses as well as general or "non-economic" damages such as suffering and pain. Non-economic damages are difficult to quantify in dollars, which is why it can be hard to determine the right amount.

There are different methods for formulating the value of a pain and suffering award such as using a multiplier method which adds up all damages that are specific and multiplies the result by a specified amount that ranges from 1.5 to 5. Certain states have caps on this type of award, however judges in most instances will not be able to reverse the jury's decision.

Loss of future earnings

Medical malpractice victims can claim various damages, including future earnings loss. This covers the amount that the victim would have earned if he or she could work at the previous job or if they were able to find a job that suited their physical limitations. This is a tangled piece of damage, which often requires the help of an expert economist to calculate.

Calculating lost earnings is easy in the event that the victim earned an hourly wage. An attorney can multiply an individual's hourly wage by the number of hours they were absent from work to calculate the total amount of lost wages. If a person was employed in a salaried position will have to take into account the length of time they were not able to work as well as their salary and benefits.

While the process of calculating lost income is relatively straightforward, future losses are much more complicated. An attorney will need to take into account the cost of any future treatment as well as any costs that are reasonably anticipated in light of the victim's current situation.

If you are seeking compensation for medical malpractice, it is crucial to have an experienced lawyer on your side. At Weltchek Mallahan & Weltchek, our team can help you determine the best approach to pursue financial compensation. Contact us today to schedule an appointment for medical malpractice a no-cost consultation. Medical errors can be a major issue that can result in significant damage. Our legal team is ready to take a thorough look at your case and fight for the full settlement you deserve.