Understanding Your Rights to Medical Malpractice Compensation in New York Medical malpractice can cause various expenses, including costly medical expenses, loss of income and non-economic damages like pain and suffering. A reputable New York attorney can help you determine your rights to claim compensation. First check if the injuries were caused by an error made by a medical professional. Then you can file the legal process of a malpractice suit. Medical expenses The cost of medical care to treat injuries is the most obvious. This type of damages comes with limitations set by law of the state which is determined in the liability insurance policy of a healthcare provider. Certain states also have established injured patient compensation funds to reduce the perceived cost of litigation and assist providers reduce their liability insurance rates. Victims can claim compensation in addition to medical expenses when negligence is found to be a cause. These are known as economic or special damages. They include the costs of any medical treatment (past and future) that are necessary to treat the injury that resulted from the malpractice, as being any lost earnings because of being unable to work due to the injury. Damages for suffering and pain are typical in medical malpractice cases. This category of damages is subjective and may vary greatly between different claimants. It includes any physical pain, emotional stress, and other non-physical effects that result from the mistake. For example an individual plaintiff could be compensated for the error of a doctor which caused her to miss a crucial cancer screening appointment. In addition, punitive damages are also possible in certain instances. They are meant to penalize doctors for particularly unprofessional behavior, for example, leaving a sponge inside the patient after surgery. Pain and suffering The pain and suffering category is an example of non-economic damages in medical malpractice cases. They cover the physical and emotional trauma that a victim suffered as a result of the doctor's negligence. The symptoms may be minor such as anxiety or discomfort or even more severe, such as loss of enjoyment in life, depression, embarrassment, anxiety, and sleep issues. It's difficult to establish a dollar amount on pain and suffering, so jury instructions typically leave the decision to jurors to rely on their own judgment, background, and experience in determining what they think is fair and reasonable. The amounts that are awarded in malpractice lawsuits vary greatly. A medical malpractice lawyer can help you prove the severity of your suffering using evidence that can be used to prove your case. Photos, X-rays, models, home movies diagrams and drawings can help a jury determine the extent of your injuries as well as how they have impacted your daily life. If a physician's mistake caused the death of a patient, the heirs can seek damages through survival statutes or wrongful death lawsuits. The laws governing wrongful death typically permit the spouse and children to recover the same type of compensation they would have received if the patient had lived. In most cases, however the amount the victim is allowed to receive is determined by the state's damage limits for pain and suffering. This is why it's important to have a seasoned medical malpractice attorney on your side to fight for the justice you deserve. Lost wages You may be able to recover lost wages if you miss work due to medical negligence. This amount includes your base salary, bonuses, commissions and employment benefits. It also includes any pay increases or increases in pay. Your lawyer will review your past pay stubs in order to calculate your average earnings prior the injury. Then, subtract the missing work from the amount to calculate the total loss of earnings. Your lawyer can also assist you in determining your future loss of earnings by using a present value calculation. This is a sophisticated financial analysis that looks at the impact of your injuries on your capacity to work in the future. it's usually done by a specialist employed by your attorney. You can also recover economic damages, such as suffering and pain due to the negligence. The jury will determine the appropriate amount of compensation for these damages, which can vary from case to situation. However, some states have a cap on these damages, and have been declared unconstitutional in many cases. Seven-figure settlements are typically associated with serious permanent injuries or deaths caused by extreme healthcare neglect. For example, surgical mistakes which result in amputations or complications during obstetrics that cause infant brain damage and deaths, and anesthesia errors that cause comas could all be the reason for high-value settlements. Punitive damages, which are intended to punish bad behavior can also be awarded in certain circumstances. Damages for future medical care In a case of medical negligence the plaintiff may pursue economic or non-economic damages. The first are based on measurable financial losses, such as past and future medical expenses. The latter is more difficult to quantify, which includes suffering as well as loss of enjoyment. In a medical malpractice lawsuit, the jury will need to hear testimony from experts to evaluate the kind of losses. It is fairly simple to establish past medical expenses by providing actual bills given to the injured person by their health medical providers. The plaintiff's attorney will provide medical evidence to show the kind of treatment that is likely to be needed in the future, and how much they will cost today. The amount of medical care needed can also be influenced by the victim's age at the time of the incident. The damages for lost wages in the future can be established by proving the impact of the injury on a patient's capacity to work and earn in the future. This can be supported by expert witness testimony or by examining similar cases in the previous. Pain and suffering is a wider category of damages that encompasses the physical and emotional pain and stress that suffers patients due to medical malpractice. This type of damages is generally based on testimony from the victim and other witnesses as well as evidence such as photographs, videotapes and written reports.