14 Misconceptions Commonly Held About Medical Malpractice Attorneys
Types of Medical Malpractice Compensation
A number of states have limits on the amount of damages an individual victim of medical malpractice may claim. These caps typically cover specific, measurable 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 experienced attorneys at Sobo & Sobo can help you make a convincing case to recover compensation for these losses in the following areas.
Potential loss of earnings
If an injury that is the result of medical negligence affects your capacity to earn a living you may be able to claim damages for Cairo Medical Malpractice Law Firm lost wages. But proving these losses can be challenging. You must prove that the negligence of your doctor caused your injuries directly and not just indirectly. This isn't easy, especially when it involves an existing condition that the ione medical malpractice law Firm professional did not recognize or misdiagnose.
Depending on the kind of medical malpractice, you may be entitled to non-economic damages and Ione Medical Malpractice Lawyer economic damages. Non-economic damages are based on the impact the injuries have affected your life quality. Your attorney will employ expert testimony as well as charts and graphs to demonstrate the impact of negligence.
In some cases the versailles medical malpractice law firm negligence could be so egregious that you could claim punitive damages. These damages are intended to punish the healthcare provider who has engaged in outrageous behavior. This type of damage award is not as common, but it can be awarded in certain instances, such as instances where the healthcare professional acted in reckless or malicious ways.
Medical malpractice claims are expensive to pursue. The costs of court filings, medical records, and other documentation can quickly increase. Your lawyer will need to employ experts to analyze your case to determine whether medical professionals have acted in violation of their duty of care to you.
Permanent Disability
Medical malpractice cases are usually complex, with various types of damages that are available. Compensation is for costs like the anticipated future medical procedures, any ongoing treatment or care and lost earnings if the injury leads an employee to be absent from work. It can also include non-economic damages like pain and suffering.
Non-economic damages can be difficult to quantify, but can include any decrease in the quality of life. They may also include pain and suffering, emotional and psychological distress. The claimant's attorney will use testimony from friends and family members to assist jurors to understand the impact of the injury on the victim's life.
A reputable NYC medical malpractice lawyer will thoroughly review the evidence to determine the value of an action. This includes a thorough review of the medical malpractice statute of limitations, which imposes a time limit on the amount of time after an accident a plaintiff can pursue a lawsuit.
The value of a medical malpractice claim will be determined by the severity of the incident as well as the severity of the injury, with larger settlement amounts tend to be reserved for more serious injuries. For example, a doctor might have mistakenly diagnosed patients suffering from a condition such as cancer, which is life-threatening. The most serious injuries are also more likely to cause 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've suffered as a result of a doctor's negligence. Physical pain could be based on an injury to the body, like broken bones, and can include loss of of motion, scarring; the inability to exercise or sleep and sexual dysfunction and other injuries that diminish the victim's quality of life.
Compensation for medical negligence can include compensation for suffering and psychological pain. The psychological injuries that result from them, such as depression, anxiety and thoughts of suicide and post-traumatic disorder (PTSD) are frequently debilitating and cause physical pain. Additionally, the loss of mental health may affect a person's ability to maintain healthy relationships and affect their overall quality of life.
Damages are generally separated into two categories which are economic or "special" damages, which are based on the possibility of calculating financial losses and general or "non-economic" damages like suffering and pain. It isn't easy to determine an appropriate amount for non-economic damages because they are not easily quantifiable in dollars.
There are various methods for calculating the value of an award for pain and suffering including using a multiplier method, which adds up all special damages and then multiplies the number by a certain amount, ranging from 1.5 to 5. Some states place limits on these types of awards, however in the majority of instances, judges cannot overturn the verdict of a jury.
Loss of Future Earnings
Medical malpractice victims are able to recover various damages, including future loss of earnings. This includes the amount a victim would have earned if they were able to work at their previous job or if they were able to get the job that would be suitable for their needs. This is a complex item of damage, and often requires experts in economics to determine.
Calculating lost earnings is simple if the victim earned an hourly wage. A lawyer can multiply the hourly rate of a worker by the number hours they were absent to determine their total lost wages. An individual who was employed as a salaried worker will have to take into account the amount of time they were not able to work, as well as their pay and benefits.
Calculating lost income is relatively simple, however future losses can be more complicated. The lawyer will need to consider the cost of any future treatment as well as costs that can be reasonably expected due to the condition of the patient.
It is essential to have a lawyer with experience on your side when you are seeking compensation for medical negligence. Our team at Weltchek Mallahan & Weltchek can help you determine how to most effectively pursue your financial recovery. Contact us today for a free consultation. Medical errors can be a grave issue that could cause serious damage. Our legal team will examine your case in detail and fight for the compensation you are due.