11 Ways To Completely Redesign Your Medical Malpractice Attorneys
Types of Medical Malpractice Compensation
Many states cap the amount of damages that a victim of medical malpractice may be awarded. These caps typically cover specific, quantifiable losses, such as the cost of medical bills and lost wages.
However, medical malpractice cases often include non-economic damages such as pain and suffering. The experienced attorneys at Sobo & Sobo can help you establish a strong case for medical malpractice lawyer compensation for these damages in the following areas.
Potential loss of earnings
You may claim compensation for lost wages if the injury is caused by medical negligence and impacts your ability to earn income. However, proving these losses is not easy. You must prove the doctor's negligence caused your injuries directly, and not only indirectly. This isn't easy, especially when it involves an existing condition that a medical professional failed to recognize or misdiagnose.
You could be entitled to both economic and non-economic damages based on the nature of the negligence. Non-economic damages are determined by the impact of the injuries on your quality of life or your life. It's sometimes difficult to put an amount on this, and your attorney will need to rely on expert evidence, charts and graphs to demonstrate the impact of negligence.
In certain cases the medical negligence may be so egregious that you may be able to be able to claim punitive damages. These damages are intended to punish the healthcare professional who has engaged in outrageous behavior. This kind of damages award is not often seen, but it may be awarded when a healthcare provider is guilty of malice or irresponsibility.
Medical malpractice claims can be expensive to pursue. There are court filing fees, medical records, and other costs for documentation that can add up quickly. Your lawyer will also have to hire experts to review your case to determine if medical professionals acted in breach of their obligations to you.
Permanent Disability
medical malpractice lawyer malpractice cases are usually complicated, with a variety of damages available. Compensation can cover costs such as expected future medical procedures, ongoing care or treatment, and lost wages if the injury causes someone to miss work. It can also cover non-economic costs like pain and discomfort.
Non-economic damages are more difficult to quantify in terms of dollar value, however, they can include any diminished quality of life. They may also include suffering and pain, as well as emotional and psychological distress. The lawyer representing the claimant will use testimony from friends and family members to aid jurors to understand the impact of the accident on the victim's life.
A good NYC medical malpractice lawyer will take a close look at the evidence to determine the value of a claim. This includes reviewing the medical malpractice statute of limitations which imposes a time limit on the amount of time after an accident a plaintiff can make a claim.
The value of a claim based on medical malpractice will depend on the magnitude and severity of the damage. Higher settlement amounts are reserved for more serious injuries. For instance, a medical malpractice lawsuits professional might have mistakenly diagnosed patients suffering from a condition such as cancer, which can be life-threatening. The most severe injuries are also more likely to cause an indefinite disability, which will increase the cost of a claim.
Pain and Suffering
Medical malpractice victims may also seek compensation for the physical pain they have experienced as a result of a doctor's negligence. Physical pain could 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; and other injuries that reduce the quality of life for the victim.
Compensation for medical malpractice can include compensation for suffering and psychological pain. The psychological injuries that result from them, such as anxiety, depression thoughts of suicide and post-traumatic disorder (PTSD) are frequently debilitating and cause physical pain. The loss of mental health could also affect a person's capacity to work, maintain healthy relationships, and their overall quality.
Damages can be divided into two categories: economic or "special" damage, which is based on measurable losses, and non-economic or general damages, like pain and discomfort. It isn't easy to determine the appropriate amount for non-economic damages because they are not easily quantifiable in dollars.
There are a variety of methods to calculate the value of an award for suffering and pain, such as using a multiplier. This method adds all damages that are special in a single calculation and then multiplies the number by a specified amount that is between 1.5 to 5. There are a few states that have caps on this type of award, but judges in most cases are not able to overturn the verdict of the jury.
Loss of Future Earnings
Medical malpractice victims can claim a wide variety of damages including future loss of earnings. This is the amount a victim could have earned if able to work at their current job or if a job available that was suitable for their disability. This is a complex type of damage, which often requires the help of an expert economist to determine.
Loss earnings calculations are straightforward for those who earn at an hourly rate. An attorney can multiply a person's hourly rate by the number of hours they were absent from work to find the total loss of wages. A person who worked in a salaried position must consider the amount of time they were not able to work as well as their pay and benefits.
The process of calculating lost income is simple, but future losses can be more complex. The attorney will have to consider the cost of future treatment as well as the expenses that are reasonable in light of the condition of the victim.
It is important to have a lawyer who has experience on your side when you are seeking 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 for an appointment for a no-cost consultation. Medical errors can be a grave problem that can cause significant damage. Our legal team is prepared to take a close look at your case and fight for the maximum compensation that you deserve.