Types of Medical Malpractice Compensation

A number of states have limits on the amount of damages that a medical malpractice victim can be awarded. These caps typically cover measurable, specific losses like medical bills and lost wages.

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

Loss of Earnings Potential

You can claim damages for lost earnings if the injury was caused by medical negligence and impairs your ability to earn income. It isn't easy to prove these losses. You must show that the negligence of the doctor caused your injuries, not just a result of them. This can be challenging especially if the doctor failed to recognize or treated a pre-existing medical condition.

You may be eligible for both economic and non-economic damages depending on the nature of the malpractice. Non-economic damages are based on the effect the injuries have had on your life quality. It's sometimes difficult to put an amount on this, and your attorney will require expert evidence, charts and graphs to show the effect of the negligence.

In certain cases the medical error could be so severe that you can claim punitive damages. They are designed to penalize the healthcare provider for outrageous actions. This type of damages award is not uncommon, but it could be awarded if the healthcare provider was acting with malice or irresponsibility.

Medical malpractice lawsuits are costly to pursue. There are court filing fees, medical records, and other documentation costs that can add up quickly. Your lawyer must engage experts to review your case to determine whether medical professionals have breached their duty of care to you.

Permanent Disability

hillview medical malpractice attorney malpractice cases can be complicated, and there are many kinds of damages available. Compensation can cover expenses like future medical procedures, ongoing medical treatment or lost wages when an injury has caused an employee to be absent from work. It may also cover other damages that are not economic, such as suffering and pain.

Non-economic damages are difficult to quantify, but may be a result of any decline in quality of life. They can also include emotional and psychological distress, as also pain and suffering. The lawyer representing the claimant will use testimony from friends and family members to help a jury understand the impact of the accident on the victim's life.

A good NYC coweta medical Malpractice law firm malpractice lawyer will thoroughly review the evidence to determine the worth of a claim. This includes a thorough review of the medical malpractice statute of limitations which imposes a time limit on how long after an accident a plaintiff can pursue a lawsuit.

The value of a medical malpractice claim will depend on the severity of the incident and the amount of settlement tending to be reserved for more severe injuries. A doctor may have missed a diagnosis of cancer in a patient, which can be fatal. The most severe injuries are also more likely to cause an indefinite disability, which raises the cost of the claim.

Pain and Suffering

Medical malpractice victims may also seek compensation for the physical pain they've suffered as a consequence of negligence by a doctor. Physical pain can be a result of an injury, like a broken bone or a scar. It could also be caused by or the inability to sleep or exercise and loss of sexual function and other injuries that affect the quality of life of the victim.

Psychological suffering and pain can also be a part of the compensation that is awarded to victims of medical malpractice. Psychiatric injuries like anxiety, depression, suicidal phobia, and post-traumatic stress disorder (PTSD) can be extremely physically and mentally limiting, and can trigger physical pain as well. In addition the loss of mental health can also impact a victim's ability to work or maintain healthy relationships, and impact their general quality of life.

Damages are generally separated into two categories: economic or "special" damages that are based on calculable financial losses and general "non-economic" damages, such as suffering and pain. Non-economic damages are hard to quantify in dollars, coweta medical malpractice law firm so it is difficult to determine the right amount.

There are many methods of formulating the value of a pain and suffering award which includes a multiplier approach that adds up all damages that are special and multiplies that amount by a particular amount ranging from 1.5 to 5. There are a few states that have limits on this kind of award, but judges in many instances will not be able to reverse the verdict of a jury.

Future earnings loss

Medical malpractice victims can recover a wide variety of damages including future loss of earnings. This covers the amount that the victim could have earned had they been able to work at the previous job or if they were able to secure the job that would be suitable for their disabilities. This is a tangled piece of damage that usually requires the help of an expert economist to determine.

Calculating lost earnings is simple in the event that the victim earned an hourly wage. An attorney can multiply an individual's hourly rate by number of hours they were absent from work to calculate the total amount of lost wages. If you were on a salary, you will be required to think about the time that you were unable to work alongside your salary and benefits.

The process of calculating lost income is simple, however future losses can be more complicated. A lawyer must consider the cost of any treatment that is to be planned in the future, and also any expenses which are reasonably anticipated in light of the victim's current situation.

It is important to have an experienced lawyer to assist you in pursuing compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team of lawyers can help you determine the best way to pursue your financial recovery. Contact us today to schedule an appointment free of charge. Medical errors are a major issue that can cause serious harm. Our legal team will review your case carefully and fight for the compensation you deserve.