Types of Medical Malpractice Compensation A lot of states limit the amount of damages that a victim of medical negligence can get. These caps usually cover only specific, measurable losses such as medical bills or lost wages. Medical malpractice cases often result in non-economic damages, like suffering and pain. The skilled attorneys at Sobo & Sobo can help you make a convincing case for compensation for these injuries in the following areas. Loss of Earnings Potencial If the injury caused by medical malpractice hinders your ability to earn income you can claim compensation for lost wages. It can be a challenge to prove the loss. You must demonstrate that the doctor's negligence caused your injuries, not being merely related to them. This isn't easy particularly if it involves a pre-existing condition that the medical professional failed to recognize or misdiagnose. You could be entitled to both non-economic damages depending on the nature of the error. Non-economic damages are based on the impact the injuries have affected your quality of life. It's often difficult to put an amount on this, so your attorney will need to use expert evidence, charts and graphs to show the effect of negligence. In some cases, medical negligence can be so serious that you might be legally able to claim punitive damages. These damages are meant to punish the healthcare provider who has engaged in outrageous behavior. This type of damages award is not often seen, but it may be awarded when a healthcare provider has acted in carelessness or ill-intention. Medical malpractice claims are expensive to pursue. There are court filing fees, medical records and other costs for documentation that can add up quickly. Your lawyer will also have to enlist experts to review your case to determine if medical professionals have violated their obligation to you. Permanent Disability Medical malpractice cases are usually complicated, with a variety of damages available. Compensation can cover costs like future medical procedures, ongoing treatment and treatment, or lost wages, in the event of an injury that caused someone to miss work. It also covers non-economic costs like discomfort and pain. Non-economic damages are difficult to quantify, but they could include any decrease in the quality of life. They can also be a result of suffering and pain, emotional and psychological stress. The attorney representing the claimant will rely on testimony from family and friends members to help jurors be aware of the effects of the injury on the victim's life. A reputable NYC medical malpractice lawyer will scrutinize the evidence to determine the value of the claim. This includes a review of the medical malpractice statute of limitations which imposes a time limit on the length of time that after an accident plaintiff can bring a lawsuit. The value of a claim based on medical malpractice will depend on the degree and severity of the ailment. The larger settlement amounts are reserved for more serious injuries. A doctor may have missed a diagnosis of cancer in the patient, and this could be fatal. The most serious injuries are also more likely to result in a permanent disability, which will increase the cost of the claim. Pain and Suffering Patients who suffer from medical malpractice can seek compensation for the physical pain they have experienced as a result of the negligence of a physician. Physical pain may be based on an injury to the body, like broken bones, and can include loss of of motion, scarring, the inability to exercise or sleep and sexual dysfunction and other injuries that reduce the victim's quality of life. Psychological pain and suffering can also be a component of the compensation offered to victims of medical malpractice. The psychological injuries that result from them, such as depression, anxiety and thoughts of suicide and post-traumatic disorder (PTSD) are frequently debilitating and cause physical pain. The loss of mental health may also affect a person's capacity to work, maintain healthy relationships, and overall quality of life. Damages are usually divided into two categories: economic or "special" damages that are based on the possibility of calculating financial losses, and general or "non-economic" damages, such as suffering and pain. Non-economic damages are difficult to quantify in dollars, so it can be hard to determine an appropriate amount. There are a variety of ways to determine the value of an award for pain and suffering, for instance using a multiplier. This method is where you add all the damages together, and then multiply this number by a specified amount between 1.5 and 5. There are some states that have limits on this kind of award, but judges in the majority of cases are not able to overturn the verdict of a jury. Loss of future earnings Medical negligence victims are entitled to a variety of damages including future earnings loss. This is the amount a victim could earn if they had been employed at their previous job or had a job available that was suitable for their disability. This is a complicated item of damage that often requires the help of an expert economist to determine. Loss earnings calculations are straightforward if the victim was working an hourly wage. An attorney can multiply a person's hourly rate by the number of hours they missed from work to calculate their total lost wages. An individual who was employed as a salaried worker must consider the length of time that they were not able to work as well as their pay and benefits. While the process of calculating lost earnings is fairly easy, future losses are more complex. The attorney will have to take into account the cost of future treatments as well as costs which are reasonably expected based on a victim's condition. It is important to have a lawyer with experience to assist you in pursuing compensation for medical negligence. At Weltchek Mallahan & Weltchek, our team of lawyers can help you determine the best way to pursue financial compensation. Contact us today for an appointment with us for a no-cost consultation. Medical mistakes can be a serious issue that can cause significant damage. Our legal team is prepared to take a closer look at your case and fight for the full compensation you are entitled to.