Types of Medical Malpractice Compensation

Many states limit the amount of damages that a victim of medical negligence can get. These caps usually cover specific, quantifiable losses such as medical bills or lost wages.

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

Loss of Earnings Potential

If an injury caused by medical malpractice hinders your ability to earn income you may be able to claim compensation for lost wages. However, proving these losses is not easy. You must prove that the doctor's negligence was the direct cause of your injuries, and not simply related to them. This can be a challenge particularly if it involves an existing condition that a medical professional failed to recognize or misdiagnose.

Depending on the type of medical malpractice, you could be entitled to non-economic damages as well as economic damages. Non-economic damages are determined by the impact of the injuries on your health or life. It's often difficult to put an amount of money on this, so your lawyer will need to rely on expert testimony, charts and graphs to show the effect of negligence.

In some cases the medical malpractice law firm error could be so severe that you could claim punitive damages. These damages are intended to punish the healthcare professional who has engaged in outrageous conduct. This type of damages award isn't common, but can be awarded if the healthcare provider has acted with negligence or with malice.

Medical malpractice claims can be expensive to pursue. The costs of court filings, medical records and other paperwork can quickly add up. Your lawyer may also have to employ experts to look over your case to determine if medical professionals violated their duty to you.

Permanent Disability

medical malpractice law firms malpractice cases are usually complicated, with a variety of damages that are available. Compensation can cover costs such as the anticipated future medical procedures, ongoing medical treatment or care, and lost wages if the injury causes someone to miss work. It may also cover other damages that are not economic, such as suffering and pain.

The non-economic costs can be difficult to quantify, but can include any loss in quality of life. They can also include emotional and psychological distress. The attorney representing the claimant will rely on testimony from family members and friends members to help a jury understand the impact of the injury on the victim's life.

A reputable NYC medical malpractice lawyer will carefully review the evidence to determine the worth of an action. This includes reviewing the Medical Malpractice Law Firm malpractice statute of limitations which sets a limit to the length of time that after an accident plaintiff can pursue a lawsuit.

The value of a medical negligence claim will depend on the severity of the accident and the amount of settlement tending to be reserved for more serious injuries. A doctor might have misdiagnosed cancer in an individual patient, which could cause death. The most severe injuries are also more likely to cause permanent disability, which increases the cost of an insurance claim.

Pain and Suffering

Medical malpractice victims may also seek compensation for the physical pain they have suffered as a result of the negligence of a doctor. Physical pain could be based on an injury to the body, such as broken bones, and can include loss of of motion, scarring; the inability to exercise or sleep as well as loss of sexual function; and other injuries that impact the quality of life of the victim.

Psychological suffering and pain can also be a component of the compensation offered to victims of medical negligence. The psychological injuries that result from them, such as anxiety, depression, thoughts of suicide, and post-traumatic disorder (PTSD) are frequently debilitating and cause physical pain. In addition the loss of mental health can affect a victim's capacity to work or maintain healthy relationships and affect their overall quality of life.

Damages can be classified into two types: economic or "special" damage that is based upon the possibility of calculable losses and general damages, such as discomfort and pain. It isn't always easy to determine an appropriate amount for non-economic damages since they are not easily quantifiable in dollars.

There are a variety of methods for in calculating the value of an award for pain and loss which includes a multiplier approach, which adds up all damages that are specific and multiplies the result by a certain amount, ranging from 1.5 to 5. Some states have caps on these types of awards, however in most cases, judges will not overturn the decision of a jury.

Loss of Future Earnings

Medical malpractice victims are able to recover various damages which include future loss of earnings. This is the amount a victim could have earned if they were in a position to work at their old job or if they had a job available that suited their condition. This is a complicated type of damage that usually requires the help of an expert economist to calculate.

Lost earnings calculations are simple if the victim was working an hourly wage. A lawyer can multiply the hourly rate of a worker by the number of hours they missed to calculate their total lost earnings. If you were paid a salary, you will be required to think about the time that you were not able to work, in addition to your pay and benefits.

While calculating lost income is fairly straightforward, future losses are more complex. The lawyer will need to take into account the cost of future treatments and also the costs which are reasonably expected depending on the condition of a patient.

If you are seeking compensation for medical malpractice, it's essential to have a skilled lawyer on your side. Our team at Weltchek Mallahan & Weltchek can assist you in determining how you can most effectively pursue your financial recovery. Contact us today to set up an appointment for a no-cost consultation. Medical errors can be a major issue that can cause significant damage. Our legal team will examine your case carefully and fight for the compensation you deserve.