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Types of Medical Malpractice Compensation

There are many states that have caps 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.

However medical malpractice cases usually involve non-economic losses such as suffering and pain. The experienced attorneys at Sobo & Sobo can help you make a convincing 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 malpractice and impacts your ability to earn income. But proving these losses can be a challenge. You must demonstrate that the doctor’s negligence was a direct cause of your injuries, and not simply a result of them. This can be a difficult task especially when it comes to an existing condition that the medical professional did not recognize or misdiagnose.

You may be eligible for both economic and non-economic damages based on the type of malpractice. Non-economic damages are based on the effect the injuries have affected your life quality. It’s often difficult to put an amount on this, so your lawyer must use expert testimony, charts and graphics to show the effect of the negligence.

In some cases, the medical negligence may be so egregious that you could demand punitive damages. These damages are meant to punish the healthcare provider who has committed a shambolic actions. This kind of damage award is not so common, however it can be awarded in certain instances, such as instances where the healthcare provider acted with recklessness or malice.

Medical malpractice cases are costly to pursue. There are court filing fees, medical records, and other costs for documentation which can quickly add up. Your lawyer may also have to engage experts to analyze your case to determine if medical professionals violated their duty to you.

Permanent Disability

Medical malpractice cases are typically complicated, and there are many kinds of damages that are available. Compensation can cover expenses such as future medical procedures, ongoing treatment and treatment or wages lost when an injury has caused an employee to be absent from work. It may also cover non-economic damages, like suffering and pain.

Non-economic damages are difficult to quantify, but may include any decrease in the quality of life. They can also include emotional and psychological distress as well as suffering and pain. The claimant’s attorney will use testimony from family and friends members to aid jurors comprehend the impact of the accident on the victim’s life.

A good NYC medical malpractice lawyer will scrutinize the evidence to determine the worth of the claim. This includes a review the lake dallas medical malpractice attorney malpractice statutes of limitations which stipulates the time frame for which the plaintiff is required to pursue a lawsuit after an accident.

The value of a medical negligence claim will depend on the severity of the injury and settlement amounts typically reserved for more serious injuries. For instance, a doctor may have misdiagnosed a patient with a condition like cancer, which can be life-threatening. The most serious injuries are also more likely to cause permanent disability, which raises the cost of an insurance claim.

Pain and Suffering

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

The psychological pain and suffering of patients is also a part of the compensation awarded to victims of medical malpractice. Mental health issues such as anxiety, depression and thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. The decline in mental health can affect a person’s ability to work and maintain healthy relationships and overall quality of life.

Damages are generally separated into two categories which are economic or “special” damages that are based on quantifiable financial losses and general or “non-economic” damages such as suffering and pain. It can be difficult to establish the proper amount of non-economic losses because they aren’t easily quantifiable in dollars.

There are a variety of methods for calculating the value of the pain and suffering award such as using a multiplier method that adds up all special damages and then multiplies the number by a specific amount ranging from 1.5 to 5. Certain states have caps on these kinds of awards, however in most instances, judges cannot overturn the decision of a jury.

Future earnings loss

Medical malpractice victims are able to recover various damages which include future loss of earnings. This is the amount the victim could have earned had they been able to work at the previous job or they could have gotten a job that suited their physical limitations. This is a complicated type of damage, which often requires the assistance of an expert economist to calculate.

Calculating lost earnings is easy for those who earn an hourly wage. A lawyer can multiply the hourly rate of a person by the number hours they were absent to determine their total lost wages. If a person was employed on a salaried job must consider the length of time that they were not able to work as well as their pay and benefits.

While the process of calculating lost earnings is fairly simple, future losses are much more complicated. An attorney will need to examine the costs of any future treatment, in addition to any costs that are reasonable to anticipate in light of the victim’s current condition.

When seeking compensation for medical malpractice, it’s crucial to have an experienced lawyer by your side. At Weltchek Mallahan & Weltchek, our team will help you determine the best approach to pursue your financial recovery. Contact us today to schedule an appointment for a no-cost consultation. Medical errors can be a grave issue that could cause serious damage. Our legal team is ready to take a thorough look at your case and fight for the maximum settlement you deserve.