The Biggest Issue With Medical Malpractice Attorneys, And How You Can Fix It

Types of Medical Malpractice Compensation

Many states limit the amount of damages a victim of medical malpractice litigation malpractice could receive. These caps usually cover only specific, measurable losses such as medical bills or lost wages.

However medical malpractice cases typically have non-economic consequences, such as pain and suffering. The experienced lawyers at Sobo & Sobo can help to build a strong case to claim compensation for these damages in the following areas.

Loss of Earnings Potential

You can seek damages for lost wages if the injury is caused by medical malpractice and affects your ability earn income. It can be difficult to prove these losses. You must prove the doctor’s negligence caused your injuries directly and not only indirectly. This can be a challenge particularly if a doctor failed to diagnose or omit a pre-existing medical condition.

You may be entitled to both economic and non-economic damages based upon the nature of the malpractice. Non-economic damages are based on the impact the injuries have affected your life quality. Your attorney will use expert testimony graphs, medical malpractice claim charts, and other graphics to demonstrate the consequences of negligence.

In certain cases the medical negligence could be so severe that you may be able to demand punitive damages. These are intended to penalize the healthcare provider for his or her outrageous behavior. This type of damages award is not common, but can be awarded if the healthcare provider was acting with negligence or with malice.

medical malpractice lawsuit malpractice claims can be costly to pursue. The cost of court filings, medical records, and other records can quickly become costly. Your lawyer must hire experts who will review your case to determine whether medical professionals have violated their duty of care towards you.

Permanent Disability

medical malpractice lawyer malpractice cases are typically complicated, and there are many kinds of damages that are available. Compensation is for costs like the anticipated future medical procedures, ongoing treatment or care and lost wages if the accident causes an employee to be absent from work. It can also cover non-economic damages like pain and discomfort.

The non-economic costs can be difficult to quantify, but may include any loss in quality of life. They can also include pain and suffering, emotional and psychological stress. The lawyer for medical Malpractice claim the claimant will use the testimony of family members and friends to help jurors understand how the injury had on the victim’s daily life.

A good NYC medical malpractice lawsuit malpractice lawyer will thoroughly review the evidence to determine the worth of an action. This includes a thorough review of the medical malpractice statute of limitations which sets a time limit on the time after an accident that plaintiff can bring a lawsuit.

The value of a medical malpractice claim will depend on the severity of the incident and settlement amounts tending to be reserved for more serious injuries. For instance, a physician may have erroneously diagnosed the patient with a disease like cancer, which is life-threatening. The most severe injuries are also more likely to cause permanent disability, which will increase the cost of the claim.

Pain and Suffering

The victims of medical malpractice may also seek compensation for the physical pain they’ve suffered due to the negligence of a doctor. Physical pain can be a result of an injury, such as fractured bones or a scar. It could also be caused by as well as the inability of sleeping or exercise, loss of sexual function and other injuries that impact the quality of life of the victim.

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

Damages can be divided into two categories, economic or “special” damage that is based on the calculation of losses as well as non-economic or general damages, like pain and discomfort. Non-economic damages are hard to quantify in dollars, which is why it is difficult to determine the proper amount.

There are different methods for calculating the value of an award for pain and suffering including a multiplier technique that adds up the damages for special damages and multiplies the result by a particular amount ranging from 1.5 to 5. Certain states have caps on these types of awards, however in the majority of cases, judges are unable to overturn a jury’s decision.

Loss of Future Earnings

Medical negligence victims are entitled to a variety of damages including loss of future earnings. This is the amount that a victim could earn if they had been capable of working at their current job or had a job accessible to them that was suited to their disability. This is a very complex type of damage and frequently requires experts in economics to determine.

Lost earnings calculations are straightforward when the victim is earning an hourly wage. A lawyer can multiply the hourly rate of an individual by the number hours they did not work to calculate their total lost wage. If you are on an income, you’ll have to take into consideration the time that you were not able to work along with your salary and benefits.

While the process of calculating lost earnings is fairly simple, future losses can be more complex. An attorney will need to consider the cost of any treatment that is to be planned in the future, and any other costs that are reasonably anticipated in light of the victim’s current state of health.

If you are seeking compensation for medical malpractice, it’s important to have an experienced lawyer by your side. Our team at Weltchek Mallahan & Weltchek can assist you in determining how to best pursue your financial recovery. Contact us today to schedule an appointment for a no-cost consultation. Medical errors can be a serious issue that can cause a lot of damage. Our legal team will review your case carefully and fight for the justice you deserve.