Types of medical malpractice attorneys Malpractice Compensation

Some states have caps on the amount of damages that a Medical malpractice attorney malpractice victim can be awarded. These caps typically cover only specific, measurable losses such as the cost of medical bills and lost wages.

However medical malpractice cases generally have non-economic consequences, such as suffering and pain. The experienced attorneys at Sobo & Sobo can help you make a convincing case for compensation for these injuries in the following areas.

Potential loss of earnings

If an injury caused by medical malpractice hinders your ability to earn income you can claim damages for the loss of earnings. However, proving the loss isn't easy. You must prove that the doctor's negligence caused your injuries directly, and not only indirectly. This can be a challenge, especially if the doctor failed to recognize or treated an existing medical condition.

Based on the nature of medical malpractice, you may be entitled to non-economic damages as well as economic damages. Non-economic damages are based on the effect the injuries have affected your life quality. It's sometimes difficult to put a dollar amount on this, so your lawyer will need to rely on expert testimony, charts and graphics to demonstrate the effects of negligence.

In certain instances the medical error could be so egregious that you can claim punitive damages. These are intended to penalize the healthcare provider for outrageous behaviour. This type of damages award isn't often seen, but it may be awarded when the healthcare provider was acting with carelessness or ill-intention.

Medical malpractice claims are expensive to pursue. There are court filing fees, medical records and other costs for documentation which can quickly add up. Your lawyer will need to hire experts who will review your case to determine whether medical professionals have acted in violation of their duty of care towards you.

Permanent Disability

Medical malpractice cases are often complicated, with a variety of damages available. Compensation can cover expenses like future medical procedures, ongoing medical treatment or lost wages if an injury caused someone to be unable to work. It also covers non-economic damages such as discomfort and pain.

Non-economic damages are more difficult to quantify in a dollar amount but they may include any diminished quality of life. They can also cover emotional and psychological distress, as in addition to suffering and pain. The claimant's lawyer will use the testimony of family members and friends to assist jurors in understanding how the injury affected the victim's daily life.

A good NYC medical negligence lawyer will take the time to review every piece of evidence to determine the value of the claim. This includes a thorough review of the medical malpractice statute of limitations which imposes a time limit on how long after an accident the plaintiff is allowed to file a lawsuit.

The value of a medical negligence claim will be determined by the severity of the accident, with higher settlement amounts tending to be reserved for more severe injuries. For instance, a physician might have mistakenly diagnosed a patient with a condition like cancer, which can be life-threatening. The most serious injuries are more likely to result in permanent disability. This increases the cost of an insurance claim.

Pain and Suffering

Patients who have suffered from medical malpractice can also seek compensation for physical pain they've suffered as a result of a doctor’s negligence. Physical pain can result on an injury to the body, like broken bones. This can include loss of range of motion, scarring, the inability to exercise or sleep and sexual dysfunction as well as other injuries that affect the victim's quality of life.

Psychological suffering and pain is also a part of the compensation offered to victims of medical malpractice. Psychiatric injuries such as anxiety, depression and thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating, and can cause physical pain. In addition, the loss of mental health can affect a victim's capacity to work or maintain healthy relationships, and impact their overall quality of life.

Damages are usually divided into two categories one being economic or "special" damages that are based on the possibility of calculating financial losses as well as general or "non-economic" damages like pain and suffering. It can be difficult to establish an appropriate amount for non-economic damages since they aren't easily quantified in dollars.

There are many ways to calculate the value of an award for suffering and pain, including using a multiplier. This method adds all special damages together, and then multiplies that number by a certain amount between 1.5 and 5. Some states have limits on this kind of award, but judges in most instances will not be able to reverse the verdict of the jury.

Loss of future earnings

Medical malpractice victims can claim various damages, including loss of future earnings. This is the amount that a victim could have earned had they been employed at their previous job or if they had a job available that suited their impairment. This is a complicated type of damage, which often requires the assistance of an expert economist to determine.

Loss earnings calculations are straightforward when the victim is earning at an hourly rate. A lawyer can multiply the hourly wage of a person by the number of hours they did not work to calculate their total lost earnings. A person who worked on a salaried job will have to take into account the length of time they were not able to work as well as their pay and benefits.

While the process of calculating lost income is relatively straightforward, future losses are more complex. An attorney will need to take into account the cost of any future treatment, as well as any costs that can reasonably be anticipated in light of the patient's current condition.

When pursuing compensation for medical malpractice, it's essential to have a skilled lawyer on your side. At Weltchek Mallahan & Weltchek, our team will help you determine the best method to pursue your financial recovery. Contact us today to set up an appointment free of charge. Medical errors are a major issue that can cause a lot of harm. Our legal team is prepared to take a closer look at your case and fight for the maximum compensation that you deserve.