Malpractice Compensation Malpractice compensation usually covers past and future medical costs. It may also compensate victims for lost income as well as their capacity to work. Non-economic damages can be more difficult to quantify. They can include pain and discomfort, frustration and stress. They are typically calculated using a severity factor. To prove that there was a malpractice the plaintiff must prove that a doctor was under the duty to act professionally, that this duty was breached and resulted in injury and resulted in certain damages. Damages for pain and suffering In a lawsuit for medical malpractice, pain and suffering can be difficult to quantify as they are subjective. They are not economic losses like hospital bills or lost wages that can be calculated down to the penny. Instead they are the victim's emotions of anxiety, distress and discomfort caused by the negligence. The physical discomfort associated with malpractice injuries can range from mild to severe. However, the emotional and psychological pain can be more intense. This may include anxiety depression, fear, anger or frustration, irritability loss of enjoyment and other negative effects on the quality of life of a person that the jury can be able to consider when determining the amount of damages. Examples of permanent impairments are scarring, disfigurement or loss of limbs. These may make it difficult to exercise and maintain healthy relationships and perform everyday tasks. In some cases the lawyer might want to consult with experts who can explain the impact on the quality of life for the victim. It isn't easy to estimate the exact dollar value of these damages. A jury will use their experience and expertise as well as common sense to determine their value. Because of this, it is important to have a knowledgeable and competent legal team on your side to ensure that you're able to recover the full amount of your losses. Damages for Economic Loss Economic damages compensate a victim for the financial costs associated with a medical malpractice injury. These costs typically cover future and past medical bills related to the treatment of a malpractice-related injury. These costs also include lost income, if an injury hinders a person from working or reduces the earning capacity of a person. Documentation, like medical documents and wage records, can be used to prove these damages however, certain aspects of economic loss require expert testimony. For instance, a person who suffers severe physical injuries due to medical malpractice could require extensive, long-term care such as surgeries, medication and physical therapy. The cost of this care could reach the millions of dollars over a lifetime. In some cases an error by medical professionals could result in a permanent disability, such as cerebral palsy or paralysis. This could lead to costly ongoing treatment and a dramatic decrease in the patient's quality. In certain states, there are limits on the amount of damages that the victim could receive in a case of medical malpractice. In a lot of courts, these limits have been ruled unconstitutional because they limit the rights of an injured person to pursue a fair legal remedy. New York does not impose damage caps, meaning that victims are able to receive the entire amount of their past and future losses from an injury claim that is successful. Damages for non-economic losses Some medical malpractice injuries are harder to quantify, such as pain and discomfort and the loss of enjoyment. While these damages can be difficult to calculate, it is possible to calculate them the testimony of witnesses and an expert financial analysis to back the claim. Economic losses are also compensated, including past and future medical expenses. These can include hospital expenses, in-home health care medical equipment, and more. Compensation can be used to pay for future earnings and lost income, if the injury prevented the victim from working. In calculating damages, both the jury and the judge will look at a variety of factors. For instance If a medical lapse resulted in injury that decreases a victim's quality of life, a judge and jury could award damages that are not economic due to the diminished quality of life. This can include the cost of hiring someone to perform tasks that the injured party is unable to perform, such as cleaning, cooking meals or caring for their children. In some instances the behavior of a doctor may be so negligent or reckless that punitive damage is appropriate. They are designed to penalize the offender and convey a message to other professionals working in the field of health care. It is typically limited to cases of gross negligence and an inordinate disregard for the safety of patients. Damages for wrongful death Losing a loved ones due to medical negligence can be a difficult and financially draining experience for the family. A representative may file suit to seek damages from the deceased for funeral and medical costs including out-of-pocket expenses like home health care or nursing assistance or loss of future earnings potential, lost inheritance, etc. A plaintiff's lawyer can hire experts in economics to evaluate the lifespan of the deceased and calculate projected lost income. Damages associated with wrongful death include compensatory and punitive damages. Compensatory damage compensates victims for their out-of-pocket expenses as well as other damages that can be easily quantifiable including medical expenses and future medical costs such as pain and suffering; mental suffering; and loss of consortium. Punitive damages punish those who commit the most egregious of actions, like leaving a sponge in a patient during surgery and requiring a second procedure to remove it. A wrongful-death action can be filed as part of an ongoing malpractice case or with a survival case. A wrongful death claim requires a skilled lawyer handling medical malpractice cases to ensure the plaintiff is paid all damages. An experienced lawyer can review all evidence and documents to determine how much the victim is owed. A lawyer who is experienced can present a convincing argument to the jury, and ensure that all damages are included in the settlement or verdict.