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Malpractice Compensation

Malpractice compensation usually covers future and past medical expenses. It can also compensate victims of lost income and their inability to work.

Non-economic damages can be more difficult to quantify. They can be characterized by pain, irritation, frustration and malpractice stress. These are usually calculated using a severity factor.

To prove negligence, a plaintiff must demonstrate that a doctor's duty is to be professional. This duty was breached resulting in injury.

Damages for suffering and pain

In a medical malpractice case the pain and suffering of the victim can be difficult to quantify since they are subjective. Pain and suffering aren't economic losses such as hospital bills or lost wages that can be calculated down to the penny. Instead, they are the victim's feelings of anxiety, distress and discomfort that result from the negligent malpractice.

The physical pain that is due to malpractice injuries can range from mild to severe. The emotional and psychological pain can be more than that. This may include anxiety, depression anger, fear, frustrated, irritability and other negative effects on the individual's life. The jury could take these into account when determining damages.

Examples of such damages could include scarring, disfigurement, loss of limbs or other permanent impairments that limit the ability to exercise, maintain healthy relationships and carry out basic daily tasks. In some instances an attorney might call on expert witnesses to discuss the impact of the injury on the quality of life for the victim.

It isn't easy to determine the exact value of these damages. A jury will use their experience and expertise as well as common sense to determine their value. Therefore, it is essential to have a competent and experienced legal team working on your side to ensure that you can recover the full amount.

Damages for Economic Loss

Economic damages pay a victim for the financial costs related to a medical malpractice injury. They typically will cover future and past medical expenses associated with treatment or rehabilitation for an injury caused by malpractice. They also include lost earnings in cases where the injury prohibits the victim from working or affects their earnings capacity. Documentation, such as medical records and wage records can be used to prove the damages but certain elements of economic loss require an expert witness.

For instance, a patient who suffers severe physical injuries from medical malpractice might require extensive long-term care, which includes surgeries, medication and physical therapy. The cost of this care can run into the millions of dollars over the course of their lives.

In some cases the negligence of medical professionals could lead to a lifelong impairment such as cerebral palsy, or paralysis. This can result in expensive continuing treatment and a massive reduction in a patient's standard of life.

In certain states, there are limits on the amount that the victim of medical malpractice may receive as damages. These limits were struck down by many courts, as they are considered unconstitutional restrictions on an injured person's right to an equitable legal remedy. New York does not impose damages caps, so that the victims can claim the full amount of their damages from a successful malpractice claim.

Damages for non-economic losses

Some injuries from medical malpractice are more difficult to place in a dollar figure like suffering and pain, as well as the loss of enjoyment of life. These damages are difficult to quantify but they can be assessed using expert financial analysis and witness testimony.

Economic losses are also covered by compensation, such as past and future medical expenses. This could include hospital bills as well as in-home medical care, accessories, and more. Additionally, compensation may cover lost income if the accident has prevented a victim from working, as well as future loss of earnings.

When calculating these damages, the jury and judge will take several factors into account. A jury or judge may give noneconomic damages if such an injury resulting from medical error reduces the quality of life for the victim. This could include the cost of hiring someone to take on tasks that the injured cannot perform anymore like cooking, cleaning, or taking care of children.

In some cases an individual doctor's actions may be reckless or negligent that punitive damages may be appropriate. These are intended to punish the perpetrator and send a clear message other health care professionals. This is generally limited to cases that are particularly infuriating and demonstrate a blatant disregard for the safety of patients.

Damages for wrongful death

The loss of a loved one because of medical negligence can cause a lot of stress and financial losses for family members. A representative may bring a lawsuit to seek damages for medical and funeral expenses, out-of-pocket costs like home health equipment or nursing help and loss of future earnings, the possibility of inheritance and much more. A plaintiff's lawyer could hire expert economists to evaluate the life expectancy of the deceased, and calculate projected lost earnings.

Damages resulting from wrongful death include punitive and malpractice compensatory damages. Compensation damages pay victims for their out-of-pocket expenses and other damages that are easily quantifiable like medical expenses and future medical expenses such as pain and suffering; mental suffering; and loss of consortium. Punitive damages penalize those who commit egregious acts like leaving sponges in patients ' bodies during surgery that require a second operation to remove.

A wrongful death claim may be filed in addition to an ongoing malpractice case or as part of a survival case. To ensure that the plaintiff receives the full amount of damages in a wrongful-death case, it needs an attorney with experience in medical malpractice cases. An experienced lawyer can review all documents and evidence to determine how much the victim owes. A skilled attorney can present a convincing case to the jury and ensure that all damages eligible for reimbursement are included in the final settlement or verdict.