Types of Medical Malpractice Compensation

Many states have caps on the amount of damages victims of medical malpractice attorneys (what do you think) malpractice are able to get. These caps typically cover specific, tangible losses such as medical bills and lost wages.

However, medical malpractice cases often involve non-economic losses such as pain and suffering. The experienced attorneys at Sobo & Sobo can help you build a strong case for compensation for these injuries in the following areas.

Potencial Loss of Earnings

You can seek damages for lost wages if the injury is caused by medical negligence and impacts your ability to earn income. However, proving these losses can be challenging. You must prove that the doctor's negligence caused your injuries, not just a result of them. This can be difficult, especially when it involves an existing condition that the medical professional misdiagnosed or ignored.

Depending on the kind of medical malpractice, you may be entitled to non-economic damages as well as economic damages. Non-economic damages are determined by the effect of the injuries on your life or life. It's not always easy to put an amount on this, and your attorney will need to use expert testimony, charts and graphics to show the effect of the negligence.

In some cases medical negligence may be so severe that you are able to claim punitive damage. These are designed to punish the healthcare provider for their outrageous actions. This kind of damage award is not as common, but it is possible to award it in certain circumstances, such as instances where the healthcare provider acted in reckless or malicious ways.

Medical malpractice claims can be expensive to pursue. The cost of court filings, medical malpractice law firms records, and other paperwork can quickly accumulate. Your lawyer will also have to enlist experts to review your case and determine if medical professionals have violated their obligation to you.

Permanent Disability

Medical malpractice cases are often complex, with many types of damages that are available. Compensation can cover costs like future medical procedures, ongoing care and treatment or lost wages when an injury has caused someone to miss work. It can also cover non-economic damages like pain and discomfort.

Non-economic damages are difficult to quantify, but they could include any reduction in the quality of life. They could also include pain and suffering, emotional and psychological stress. The claimant's lawyer will use the testimony of friends and family to help jurors understand the impact that the injury has had on the victim's daily life.

A good NYC medical malpractice lawyer will carefully review the evidence to determine the worth of the claim. This includes a review of the medical 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 claim for medical malpractice will depend on the magnitude and severity of the damage. A higher settlement amount is reserved for more serious injuries. For example, a doctor might have mistakenly diagnosed an individual suffering from a condition such as cancer, which is life-threatening. The most severe injuries are also more likely to cause a permanent disability, which can increase the cost of the claim.

Pain and Suffering

Patients who suffer from medical malpractice can seek compensation for the physical pain they have experienced as a result of the negligence of a physician. Physical pain can result on an injury to the body, like fractured bones, and may include loss of of motion, scarring; the inability to exercise or sleep and sexual dysfunction and other injuries that impact the quality of life for the victim.

The psychological pain and suffering of patients could also be a component of the compensation awarded to victims of medical malpractice. Psychological injuries like depression, anxiety and thoughts of suicide and post-traumatic disorder (PTSD) are frequently debilitating and cause physical pain. Additionally, the loss of mental health may also affect a person's ability to maintain healthy relationships, and impact their overall quality of life.

Damages can be classified into two categories, economic or "special" damage that is based on calculable losses and general damages, such as discomfort and pain. It isn't always easy to determine the proper amount of non-economic losses because they are not easily quantifiable in dollars.

There are various methods for making a determination of the value of an award for pain and suffering such as using a multiplier method that adds up the damages for special damages and multiplies that amount by a specific amount ranging from 1.5 to 5. Certain states have limits on these types of awards, however in most instances, judges cannot overturn the decision of a jury.

Loss of Future Earnings

Medical malpractice victims can claim a variety of damages including future earnings loss. This includes the amount a victim would have earned if he or she could work at their previous job or if they were able to get the job that would be suitable for their needs. This is a very complex type of damage, and often requires expert economists to calculate.

Calculating lost earnings is simple for those who earn an hourly rate. A lawyer can multiply the hourly rate of a worker by the number hours they did not work to determine their total lost wages. If you were paid salary, you'll have to take into consideration the time that you were unable to work alongside your salary and benefits.

Calculating lost income is relatively straightforward, but future losses could be more complicated. An attorney will need to think about the cost of any future treatment and also any expenses that are reasonably anticipated in light of the patient's current situation.

It is important to have an experienced lawyer on your side when pursuing compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team can assist you to determine the best way to pursue financial compensation. Contact us today for an appointment with us for a no-cost consultation. Medical errors are a serious problem that could cause severe harm. Our legal team will analyze your case with care and fight to get the compensation you deserve.