10 Misconceptions Your Boss Holds Regarding Medical Malpractice Attorneys

Types of Medical Malpractice Compensation

Many states have limits on the amount of damages that an individual victim of medical malpractice may be awarded. These caps typically cover only specific, quantifiable losses such as the cost of medical bills and lost wages.

However medical malpractice cases generally involve non-economic losses such as pain and suffering. The skilled attorneys at Sobo & Sobo will help you to build a case for compensation in the following areas.

Potential loss of earnings

You can claim damages for lost earnings if the injury was caused by medical malpractice and impacts your ability to earn income. However, proving these losses can be challenging. You must demonstrate that the doctor's negligence was a direct cause of the injuries you sustained, not being merely related to them. This can be a challenge, especially if the doctor failed to recognize or treated a pre-existing medical condition.

You could be eligible for both economic and non-economic damages based upon the nature of the error. Non-economic damages are determined by the impact of the injuries on your quality of life or your life. It's not always easy to put an amount on this, which is why your lawyer will need to rely on expert evidence, charts and graphs to demonstrate the effects of negligence.

In some cases medical negligence can be so severe that you are legally able to claim punitive damages. These are meant to punish the healthcare provider for their outrageous behaviour. This kind of damage award is not as frequent, but it is possible to award it in certain instances, such as instances where the healthcare provider acted in recklessness or with malice.

Medical malpractice lawsuits are costly to pursue. The cost of court filings, medical records and other documentation can quickly increase. Your lawyer may also have to hire experts to review your case to determine if medical malpractice Law Firm professionals violated their duty to you.

Permanent Disability

Medical malpractice cases can be a bit complicated and involve various types of damages. Compensation covers costs such as the anticipated future medical procedures, any ongoing medical treatment or care, and lost wages if the injury causes people to miss work. It could also include non-economic damages, such as pain and suffering.

Non-economic losses can be difficult to quantify, but could include any reduction in the quality of life. They may also include emotional and psychological distress, as also pain and suffering. The lawyer of the claimant will utilize the testimony of family and friends to help jurors understand the impact the injury has had on the victim's daily life.

A good NYC medical malpractice lawyer will carefully review the evidence to determine the worth of the claim. This includes reviewing the medical malpractice statutes of limitations which stipulates the time frame for which the plaintiff is required to file a suit after an accident.

The value of a claim for medical malpractice will be determined by the magnitude and severity of the ailment. The larger settlement amounts are reserved for more serious injuries. A doctor could have missed the diagnosis of cancer in the patient, and this could cause death. The most severe injuries are also more likely to result in a permanent disability, which can increase the cost of the claim.

Pain and Suffering

Medical malpractice victims may also seek compensation for the physical pain they have suffered as a consequence of the negligence of a physician. Physical pain can be caused by an injury, like a broken bone and can also cause scarring and inability to sleep or exercise, loss of sexual function as well as other injuries that affect the victim's life quality.

Psychological suffering and pain is also a part of the compensation that is awarded to victims of medical malpractice. Psychiatric injuries such as depression, anxiety and thoughts of suicide and post-traumatic disorder (PTSD) are typically debilitating and cause physical pain. The decline in mental health can also affect a victim's capacity to work and medical malpractice law firm maintain healthy relationships and overall quality of life.

Damages can be classified into two categories, economic or "special" damage that is based on the calculation of losses and general or non-economic damages, like discomfort and pain. It can be difficult to determine the proper amount of non-economic damages since they are not easily quantifiable in dollars.

There are a variety of methods to calculate the value of an award for suffering and pain, including using a multiplier. This method is a way of adding all damages in a single calculation and then multiplies the number by a set amount that is between 1.5 to 5. Certain states have limits on these kinds of awards, however in most instances, judges won't overturn the decision of a jury.

Future earnings loss

Medical malpractice victims are entitled to various damages, including future earnings loss. This is the amount a victim would have earned if they could work at the previous job or they were able to secure an opportunity that was suited to their limitations. This is a complicated item of damage, which often requires the help of an expert economist to calculate.

Calculating lost earnings is easy when the victim earns an hourly wage. An attorney can multiply an individual's hourly rate by the number of hours they missed from work to find their total lost wages. A person who worked on a salaried job will need to take into account the amount of time they were unable to work, as well as their pay and benefits.

The process of calculating lost income is simple, but future losses may be more complicated. An attorney will have to think about the cost of any future treatment and also any expenses that are reasonably anticipated based on the victim's current condition.

When pursuing compensation for medical malpractice, it is important to have a seasoned lawyer by your side. At Weltchek Mallahan & Weltchek, our team can assist you to decide on the best way to pursue financial compensation. Call us today to arrange a free consultation. Medical errors can be a grave problem that can cause significant damage. Our legal team is ready to look closely at your case and fight for the full amount of compensation you deserve.