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Malpractice Compensation

Malpractice compensation typically covers past and future medical expenses. It can also compensate victims for lost income and their ability to work.

Non-economic damages are more difficult to calculate and include suffering along with distress and frustration. These are typically calculated using a seriousness factor.

To establish malpractice to prove malpractice, the plaintiff must demonstrate that a doctor was under a duty to act professionally; that this duty was not fulfilled and caused injury and resulted in damages.

Damages for suffering and pain

In a medical malpractice lawsuit, pain and suffering can be difficult to quantify since they are subjective. Unlike economic losses like hospital bills and lost wages, which can be easily calculated to the penny, pain and suffering are the individual feelings of pain, distress and anxiety that were caused by the negligence of the malpractice lawyer incident.

The physical pain due to malpractice injuries can be mild or severe. The psychological and emotional pain can be more than that. This can include anxiety, anger, depression irritation, frustration, loss of enjoyment and other negative impacts to one’s quality of life which the jury may take into consideration in determining the amount of damages.

Examples of permanent impairments are scarring, disfigurement, or loss of legs. These can make it difficult to exercise and maintain healthy relationships and perform everyday tasks. In some cases lawyers may decide to call expert witnesses who can provide an explanation of the impact on the quality of life of the victim.

It isn’t easy to determine the exact value of these damages. A jury will use its experience, knowledge and common sense to determine their worth. Therefore, it is essential to have a professional and experienced legal team on your side to ensure that you get the maximum amount.

Damages for Economic Loss

Economic damages compensate victims for the financial expenses they incur as a result of a medical negligence. They typically are used to pay for future and past medical expenses incurred as a result of treatment or rehabilitation for an injury caused by malpractice. They also include lost earnings if the injury prevents the person from working or reduces their earnings capacity. The damages can be proved with evidence, such as medical bills and wage records however certain types of economic loss could require expert testimony to prove.

For instance, a person who suffers a serious physical injury due to medical malpractice could require extensive long-term treatment, which includes surgeries, medication and physical therapy. The cost of this treatment could reach the millions of dollars over the course of a lifetime.

In some cases an error by medical professionals can cause a long-term disability, such as cerebral palsy or paralysis. This could result in costly continuing treatment and a major reduction in the patient’s quality.

In some states, there are limits on the amount of damages that the victim could receive in a case of medical malpractice. In many courts, these limitations were ruled to be unconstitutional because they limit the right of the person who has been injured to receive a fair legal remedy. New York does NOT impose damage caps. The victims can claim the full amount they owe for their future and past losses in the event of a successful negligence claim.

Damages for non-economic Losses

Some medical malpractice law firms injuries are more difficult to quantify such as pain and discomfort and the loss of enjoyment. These damages are hard to calculate however, they can be determined using expert financial analysis and testimony from witnesses.

Compensation also covers future and past medical costs. This could include hospital costs as well as in-home health care medical equipment, more. Compensation can be used to pay for future earnings and lost income if an injury prevented the victim from working.

In calculating damages, both the jury and the judge will consider several factors. For instance in the event that a medical error resulted into an injury that impedes the quality of life for a victim, a judge and jury may award noneconomic damages to compensate for the loss in quality of life. This could include the cost of bringing in someone to complete tasks that the injured person cannot perform anymore like cleaning, cooking, and caring for children.

In certain instances the conduct of a doctor could be so negligent or reckless that punitive damages are appropriate. These are intended to punish the offender and convey a clear message to other health professionals. This is usually limited to cases of gross negligence and gross disregard for patient safety.

Damages for wrongful deaths

The loss of a loved one caused by medical negligence can cause a lot of stress and financial hardship for family members. A representative can bring suit to recover damages from the deceased’s estate for funeral and medical expenses and other out-of-pocket expenses such as home health care or nursing assistance, loss of future earning, lost inheritance prospects etc. A plaintiff’s attorney can engage economists to estimate the lifespan of the deceased and calculate projected income.

Damages that result from wrongful death include punitive and compensatory damages. Compensation damages are awarded to victims for expenses out of pocket and other easily quantifiable losses like future and present medical expenses and loss of consortium disfigurement and pain and mental distress. Punitive damages penalize those who commit egregious acts, such as leaving sponges in patients ‘ bodies during surgery that require a follow-up operation to remove.

A wrongful death claim may be filed as a separate claim to a regular malpractice case or as part of a survival lawsuit. To ensure that the plaintiff is awarded the full amount of damages the wrongful death case requires an attorney who has experience in medical malpractice cases. A knowledgeable lawyer will scrutinize all of the evidence and documents to determine how much a victim is owed. A competent lawyer can argue a convincing case to the jury and make sure that all the damages deemed eligible are included in the final settlement or verdict.