Malpractice Compensation Malpractice compensation typically is used to cover future and past medical expenses. It also provides compensation for those who have lost their income and their inability to work. Non-economic damages are more difficult to quantify and include pain and suffering or distress, as well as frustration and anger. They are typically calculated using a seriousness factor. To prove malpractice, the plaintiff must show that the doctor was bound by the duty to act professionally, that this duty was not met and led to injury; and that the injury resulted in certain damages. Damages for pain and suffering In a medical malpractice case it is possible for pain and suffering to be difficult to quantify since they are subjective. Unlike economic losses like hospital bills and lost wages, which can easily be calculated to the penny, the pain and suffering is the victim's personal feelings of distress, pain and stress that are caused by the negligent malpractice incident. The physical discomfort associated with malpractice injuries can be mild to severe. However the psychological and emotional pain can be more severe. This may include anxiety anger, depression, fear, depression, frustration, irritability, loss of enjoyment and other negative effects to the quality of life of a person that the jury can be able to consider when determining the amount of damages. The most common examples of damage could be disfigurement, scarring the limbs, or other permanent impairments that limit the ability to exercise, maintain healthy relationships, and complete simple daily tasks. In certain cases lawyers may decide to consult with experts who can explain the impact on the quality of life of the person. While it is difficult to establish an exact dollar amount to these damages, a juror will consider their experience, background and common sense in determining the value. This is why it is crucial to have a knowledgeable and skilled legal team by your side to ensure that you are in a position to recover the entire amount of your loss. Damages for Economic Loss Economic damages pay a victim for the financial burdens that result from a medical negligence injury. They typically cover past and future medical expenses incurred as a result of the treatment of a malpractice-related injury. These expenses also cover lost income if an injury prevents the victim from working or affects his or her earning capacity. The damages can be proved with documentation, such as medical bills and wage records but certain aspects of economic loss might require expert testimony to support. A patient who has suffered severe physical injuries due to medical malpractice could require extensive long-term care. This may include surgeries, medications and physical therapy. The cost of this care could be in the millions of dollars over a lifetime. In some cases, a lack of care on the part of a medical professional may cause a permanent disability such as cerebral palsy or parry. This could lead to costly continuing treatment and a major reduction in the patient's life quality. In some states, there are caps on the amount of damages that a victim can receive in a medical malpractice case. These limitations were struck down by some courts because they are considered to be unconstitutional limitations on an injured person's right to a fair legal remedy. New York does NOT impose damage caps. The victims can claim the full amount for their past and future losses when they win a legal claim for malpractice. Damages for non-economic losses Certain injuries resulting from medical malpractice are more difficult to place the value of a dollar, such as pain and suffering and the loss of enjoyment of life. These damages are difficult to quantify but can be done by employing an expert financial analysis as well as witness testimony. Compensation also covers future and past medical costs. This can include hospital expenses and in-home health services medical equipment, more. In addition, compensation could provide for lost income in the event that the injury has prevented a victim from working, and also the possibility of losing future earnings. When calculating these damages, the jury and judge will take several aspects into consideration. For example If a medical lapse caused an injury that reduces the quality of life for a victim, a jury and judge could award damages that are not economic due to this reduction in quality of life. This includes the cost of hiring a person to complete things that the injured person is no longer able to do, such as cooking, cleaning, or caring for children. In some cases doctors' actions could be so reckless or negligent that punitive damages are necessary. These are meant to penalize the offender and communicate a clear message other health care professionals. It is typically limited to cases of gross negligence or gross disregard for patient safety. Damages for Wrongful death The loss of a loved one because of medical negligence can cause a lot of stress and financial losses for family members. A representative may bring suit to seek damages from the deceased's estate to pay funeral and medical expenses, out-of pocket expenses like nursing or home health assistance as well as loss of future earnings and inheritance opportunities etc. The attorney representing the plaintiff can hire economists to estimate the deceased's life span and determine the expected income. Punitive and compensatory damages are available in the case of wrongful deaths. Compensation damages pay victims for the cost of their own expenses and other easily quantifiable losses like current and future medical expenses; loss of consortium; suffering and disfigurement and mental suffering. Punitive damages penalize wrongdoers for unacceptable conduct, like leaving a sponge in the patient during surgery, and requiring a re-operation to remove it. A wrongful death lawsuit can be filed as part of an ongoing malpractice case or in conjunction with a survival action. To ensure that the plaintiff receives the full amount of damages the wrongful death case requires an attorney who has experience in medical malpractice cases. A skilled lawyer will examine all the evidence and documents in order to determine how much a victim could be entitled to. A skilled attorney can argue a convincing case to the jury and make sure that all the damages deemed eligible are included in the final settlement or verdict.