20 Fun Facts About Medical Malpractice Attorneys

Types of Medical Malpractice Compensation

Some states have caps on the amount of damages that victims of medical malpractice are able to be awarded. The caps typically only cover specific, measurable losses like medical bills and lost wages.

Medical malpractice cases often involve non-economic damages, like pain and suffering. The skilled attorneys at Sobo & Sobo can help you establish a strong case for compensation for these damages in the following areas.

Loss of Earnings Potential

If the injury resulting from medical negligence hinders your ability to earn a living, you can recover damages for the loss of wages. It can be difficult to prove these losses. You must prove that the doctor's negligence caused your injuries, and not just a result of them. This can be difficult particularly if it involves an existing condition that a medical professional misdiagnosed or ignored.

Based on the nature of medical malpractice, you could be entitled to economic damages, as well as economic damages. Non-economic damages are determined by the effect of the injuries on your health or life. Your attorney will make use of expert testimony, charts, and graphics to demonstrate the impact of negligence.

In certain cases medical negligence may be so serious that you might be able to claim punitive damage. These damages are meant to penalize the healthcare provider who has engaged in outrageous actions. This type of damages award isn't typical, but it can be awarded when the healthcare provider is guilty of recklessness or malice.

Medical malpractice claims can be costly to pursue. There are court filing fees, medical records, and other costs for documentation that can add up quickly. Your lawyer will have to select experts to examine your case to determine whether medical Malpractice Law Firms professionals have acted in violation of their duty of care towards you.

Permanent Disability

Medical malpractice cases can be a bit complicated and involve many different types of damages. Compensation covers expenses such as the anticipated future medical procedures, ongoing care or treatment, and lost wages if the accident causes people to miss work. It also covers non-economic losses like discomfort and pain.

Non-economic losses can be difficult to quantify, but can include any decrease in the quality of life. They could also include suffering and pain, emotional and psychological distress. The claimant's attorney will use testimony from friends and family members to aid jurors understand the impact of the injury on the victim's life.

A reputable NYC medical negligence lawyer will thoroughly review all the evidence in order to determine the worth of the claim. This includes a review of the medical malpractice statute of limitations, which imposes a time limit on how long after an accident the plaintiff is allowed to make a claim.

The value of a medical negligence claim will be determined by the severity of the accident and settlement amounts tend to be reserved for more severe injuries. A doctor may have missed a diagnosis of cancer in a patient, which can cause death. The most severe injuries are also more likely to result in permanent disability, which increases the cost of a claim.

Suffering and Pain

The victims of medical malpractice may also seek compensation for the physical pain they've felt as a result of the negligence of a medical professional. 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 or sleep; loss of sexual function; and other injuries that reduce the victim's quality of life.

Psychological suffering and pain can also be a component of the compensation offered to victims of medical negligence. Psychological injuries such as anxiety, depression, suicidal thoughts, and post-traumatic stress disorder (PTSD) can be extremely physically and mentally limiting, and can trigger physical pain as well. The loss of mental health could also impact a person's ability to work, maintain healthy relationships, and their overall quality.

Damages can be classified into two categories, economic or "special" damage, which is based on calculable losses as well as non-economic or general damages, such as discomfort and pain. Non-economic damages are difficult to quantify in dollars, therefore it can be difficult to determine an appropriate amount.

There are different methods for calculating the value of an award for pain and loss such as using a multiplier method that adds all special damages and then multiplies the result by a certain amount, ranging from 1.5 to 5. There are some states that have caps on this type of award, but judges in the majority of cases will not overturn the verdict of a jury.

Loss of Future Earnings

Medical malpractice victims can recover various damages which include future loss of earnings. This includes the amount the victim could have earned had they been able to work at their previous job, or if they were able to find an opportunity that was suited to their physical limitations. This is a tangled piece of damage, which often requires the assistance of an expert economist to determine.

Calculating lost earnings is easy for those who earn an hourly wage. An attorney can multiply a person's hourly rate by number of hours they did not work to calculate the total amount of lost wages. A person who worked on a salaried job will have to take into account the length of time that they were unable to work, as well as their salary and benefits.

The process of calculating lost income is simple, however future losses may be more complex. An attorney must think about the cost of any treatment that is to be planned in the future, in addition to any costs that are reasonably anticipated according to the victim's present condition.

It is important to have an experienced lawyer on your side when pursuing compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team of lawyers can help you determine the best method to pursue financial compensation. Contact us today to schedule a free consultation. Medical errors can be a serious issue that can cause a lot of damage. Our legal team is prepared to look closely at your case and fight for the maximum compensation that you deserve.