Types of Medical Malpractice Compensation
Some states have caps on the amount of damages that the victim of medical malpractice can claim. These caps typically cover specific, quantifiable losses such as medical bills or lost wages.
However medical malpractice cases typically include non-economic damages such as pain and suffering. The experienced lawyers at Sobo & Sobo will help you to build a case for compensation in the following areas.
Potencial Loss of Earnings
If an injury that is the result of medical negligence affects your capacity to earn a living You can seek damages for the loss of wages. However, proving these losses is not easy. You must prove that the doctor's error was a direct cause of your injuries, not being merely related to them. This isn't easy particularly if a doctor misdiagnosed or ignored a pre-existing medical condition.
You may be entitled to both economic and non-economic damages based upon the type of mistake. Non-economic damages are based on the impact the injuries have affected your life quality. It's often difficult to put a dollar amount on this, which is why your lawyer will need to rely on expert testimony, charts, and graphs to show the effect of the negligence.
In some instances, medical negligence can be so serious that you might be able to claim punitive damage. These are intended to penalize the healthcare provider for outrageous behavior. This kind of damage award is not as frequent, 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 cases are costly to pursue. There are court filing fees, medical records, and other documentation costs which can quickly add up. Your lawyer must engage experts to review your case to determine whether medical professionals have breached their duty of care to you.
Permanent Disability
virginia medical malpractice Lawyer malpractice cases can be complicated and involve various types of damages. Compensation can cover expenses like future medical procedures, ongoing treatment and treatment or wages lost when an injury has caused someone to miss work. It also covers non-economic damages like discomfort and pain.
The non-economic costs can be difficult to quantify, but could include any loss in quality of life. They could also include emotional and psychological stress. The lawyer representing the claimant will use testimony from family members and friends members to assist jurors be aware of the effects of the accident on the victim's life.
A reputable NYC medical malpractice lawyer will carefully review the evidence to determine the value of the claim. This includes a look at the medical malpractice statute of limitations, which puts a limit on how long after an accident the plaintiff is allowed to file a lawsuit.
The value of a medical negligence claim will depend on the severity of the accident, with higher settlement amounts tending to be reserved for more severe injuries. For example, a doctor might have mistakenly diagnosed patients suffering from a condition like cancer, which could be life-threatening. The most severe injuries are also more likely to cause permanent disability, which will increase the cost of the claim.
Pain and Suffering
The victims of crestview medical malpractice attorney malpractice may also seek compensation for the physical discomfort they've endured due to the negligence of a doctor. Physical pain can be a result of an injury, like fractured bones and can also cause scarring and inability to sleep or exercise, loss of sexual function, and other injuries affecting the victim's life quality.
Compensation for medical negligence can include compensation for psychological pain and suffering. Mental health issues such as anxiety, depression, suicidal thoughts and post-traumatic stress disorder (PTSD) can be incredibly debilitating and can cause physical pain as well. The loss of mental health may also impact a person's ability to work and maintain healthy relationships and their overall quality.
Damages can be divided into two categories, economic or "special" damage that is based on measurable losses, and non-economic or general damages, like discomfort and pain. Non-economic damages are hard to quantify in dollars, which is why it can be hard to determine the proper amount.
There are many methods of making a determination of the value of an award for pain and suffering such as using a multiplier method, which adds up all damages that are specific and multiplies that number by a certain amount, ranging from 1.5 to 5. Some states place limits on these kinds of awards, however in most cases, judges are unable to overturn the verdict of a jury.
Future earnings loss
Medical malpractice victims can claim a variety of damages including future earnings loss. This is the amount that a victim could have earned if able to work at their previous job, or if they had a job accessible to them that was suited to their impairment. This is a complex item of damage that often requires expert economists to calculate.
Calculating lost earnings is easy when the victim earns an hourly rate. A lawyer can multiply the hourly rate of a worker by the number hours they missed to determine their total lost wages. A person who worked employed on a salary will have to take into account the length of time they were unable to work as well as their pay and benefits.
While calculating lost income is fairly simple, future losses can be much more complicated. An attorney will need to take into account the cost of any future treatment, as well as any costs that can reasonably be anticipated based on the victim's current health.
It is essential to be able to have an experienced lawyer on your side when you are seeking compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can help you determine how to most effectively pursue your financial recovery. Call us today to arrange an appointment free of charge. Medical errors can be a serious problem that could cause severe harm. Our legal team is prepared to take a thorough look at your case and fight for the maximum amount of compensation you deserve.