20 Fun Facts About Medical Malpractice Attorneys

Types of Medical Malpractice Compensation

Some states limit the amount of damages a victim of medical negligence can recover. These caps usually cover specific, quantifiable losses such as medical bills or lost wage.

However medical malpractice cases typically involve non-economic losses such as pain and suffering. The experienced lawyers at Sobo & Sobo can help you build a strong case for compensation for these injuries in the following areas.

Potential loss of earnings

You can claim damages for lost earnings if the injury was caused by medical negligence and affects your ability earn income. However, proving the loss can be a challenge. You must show that the negligence of the doctor caused the injuries you sustained, not simply a result of them. This can be difficult particularly if it involves a pre-existing condition that the medical professional did not recognize or misdiagnose.

Based on the nature of medical malpractice, you could be entitled to non-economic damages in addition to economic damages. Non-economic damages are determined by the impact of the injuries on your quality or life. Your lawyer will employ expert testimony as well as charts and graphs to demonstrate the impact of negligence.

In some instances the medical error could be so egregious that you are able to seek punitive damages. These are intended to penalize the healthcare provider for their outrageous conduct. This type of damages award is not uncommon, but it could be awarded when a healthcare provider was acting with negligence or with malice.

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

Permanent Disability

Medical malpractice cases can be very complex and can involve a variety of types of damages. Compensation can cover costs such as expected future medical procedures, ongoing treatment or care, and lost earnings if the injury leads people to miss work. It may also cover non-economic damages like suffering and pain.

Non-economic damages are difficult to quantify, but they could be a result of any decline in quality of life. They can also encompass emotional and psychological distress, as along with pain and suffering. The lawyer for the claimant will utilize testimony from friends and family members to help jurors to understand the impact of the accident on the victim's life.

A reputable NYC medical malpractice lawyer will thoroughly review the evidence to determine the worth of an action. This includes a review of the medical malpractice statute of limitations which sets a limit to the amount of time after an accident an individual plaintiff can file a lawsuit.

The value of a claim for medical malpractice will be determined by the extent and severity of the ailment. Higher settlement amounts are reserved for more serious injuries. A doctor may have misdiagnosed cancer in an individual patient, which could cause death. The most serious injuries are also more likely to result in a permanent disability, which increases the cost of the claim.

Pain and Suffering

Patients who have suffered from medical malpractice can also seek compensation for physical pain they've suffered because of a doctor’s negligence. Physical pain can be caused by an injury, such as fractured bones and may also result in scarring as well as the inability of sleeping or exercise and loss of sexual function as well as other injuries that affect the quality of life of the victim.

The psychological pain and suffering of patients can also be a part of the compensation given to victims of medical malpractice lawyers negligence. Psychiatric injuries, such as anxiety suicidal thoughts, depression, 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 affect 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 the calculation of losses and general damages, such as discomfort and pain. Non-economic damages are hard to quantify in dollars, which is why it is difficult to determine the right amount.

There are a variety of methods to calculate the value of an award for suffering and pain, including using a multiplier. This method adds all special damages together, and then multiply this number by a certain amount that is between 1.5 to 5. Certain states have limits on these types of awards, however in the majority of cases, judges are unable to overturn the jury's decision.

Loss of future earnings

Medical negligence victims are entitled to various damages, including future earnings loss. This covers the amount that a victim would have earned if they were able to work at their previous job or if they were able to get an opportunity that was suited to their limitations. This is a tangled piece of damage that typically requires the assistance of an expert economist to determine.

Calculating lost earnings is simple when the victim earns an hourly wage. A lawyer can multiply the hourly rate of an individual by the number hours they missed to calculate their total lost wage. If you are on the salary side, you'll be required to think about the time you were unable to work along with your salary and benefits.

While the calculation of lost income is quite simple, future losses can be more complex. An attorney will have to take into account the cost of any future treatment and any other costs which are reasonably anticipated based on the victim's current condition.

It is essential to have a lawyer who has experience 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 financial compensation. Contact us today for a free consultation. Medical errors are a major issue that can cause serious damage. Our legal team will examine your case with care and fight for the compensation you are due.