What Freud Can Teach Us About Medical Malpractice Attorneys

Types of Medical Malpractice Compensation

Many states limit the amount of damages that a victim of medical malpractice can get. The caps usually only cover specific, measurable losses like medical bills and lost wage.

However, medical malpractice cases often have non-economic consequences, such as suffering and pain. The experienced lawyers at Sobo & Sobo can help you make a convincing case for compensation for these damages in the following areas.

Potencial Loss of Earnings

If the injury resulting from medical negligence affects your capacity to earn income you may be able to claim damages for lost wages. However, proving the loss can be challenging. You must prove that the doctor's negligence was a direct cause of your injuries, and not simply a result of them. This can be difficult particularly when it is involving an existing condition that a medical professional failed to recognize or misdiagnose.

You may be legally entitled to both economic and non-economic damages based on the nature of the mistake. Non-economic damages are determined by the effect of the injuries on your quality of life or your life. Your lawyer will use expert testimony graphs, charts, and other graphics to demonstrate the impact of negligence.

In certain instances medical negligence may be so severe that you are able to claim punitive damage. These are designed to punish the healthcare provider for his or her outrageous actions. This type of damages award isn't common, but can be awarded if the healthcare provider was acting with malice or irresponsibility.

Medical malpractice lawsuits are costly to pursue. There are court filing fees, medical records, and other costs for documentation that add up quickly. Your lawyer will have to select experts to examine your case to determine whether medical malpractice law firms professionals have violated their duty of care towards you.

Permanent Disability

medical malpractice law firms malpractice cases can be complex, with various types of damages available. Compensation covers expenses such as expected future medical procedures, ongoing treatment or care and lost wages if the accident causes someone to miss work. It also covers non-economic damages like discomfort and pain.

The non-economic costs can be difficult to quantify, but could include any decrease in the quality of life. They may also include suffering and pain, as well as emotional and psychological stress. The attorney representing the claimant will rely on testimony from family and friends members to aid jurors understand the impact of the accident on the victim's life.

A good NYC medical negligence lawyer will carefully review every piece of evidence to determine the worth of the claim. This includes a look at the medical malpractice statute of limitations which sets a time limit on the length of time that after an accident an individual plaintiff can file a lawsuit.

The value of a claim based on medical malpractice will be determined by the severity and extent of the damage. Higher settlement amounts are reserved for more serious injuries. A doctor might have misdiagnosed cancer in the patient, and this could cause death. The most severe injuries are also more likely to cause an indefinite disability, which increases the cost of a claim.

Suffering and Pain

The victims of medical malpractice may also seek compensation for physical pain they've suffered as a result of a doctor’s negligence. Physical pain could be based on an injury to the body, such as fractured bones, and may include loss of of motion, scarring, the inability to exercise or sleep and sexual dysfunction and other injuries that reduce the quality of life for the victim.

Compensation for medical negligence can include compensation for psychological pain and suffering. Psychological injuries like anxiety, depression thoughts of suicide and post-traumatic disorder (PTSD) are often debilitating and cause physical pain. Additionally, the loss of mental health may also impact a victim's ability to work or maintain healthy relationships, and impact their general quality of life.

Damages are usually divided into two categories one being economic or "special" damages, which are based on quantifiable financial losses and general "non-economic" damages, such as pain and suffering. It can be difficult to determine the appropriate amount for non-economic damages since they are not easily quantified in dollars.

There are different methods for making a determination of the value of an award for pain and loss such as using a multiplier method which adds up all damages that are special and multiplies that amount by a specified amount that ranges from 1.5 to 5. There are a few states that have caps on this type of award, however judges in most cases are not able to overturn the verdict of the jury.

Loss of future earnings

The victims of medical malpractice can claim many different damages, including future loss of earnings. This is the amount a victim would have earned had they been able to work at their previous job, or if they could have gotten an opportunity that was suited to their physical limitations. This is a nitty-gritty type of damage, and often requires expert economists to calculate.

Calculating lost earnings is simple if the victim was working at an hourly rate. An attorney can multiply a person's hourly rate by number of hours they missed from work to calculate the total loss of wages. An individual who was employed as a salaried worker must take into account the amount of time they were unable to work, as well as their salary and benefits.

While the process of calculating lost earnings is fairly straightforward, future losses are much more complicated. The attorney will have to consider the cost of future treatment and expenses that can be reasonably anticipated due to the condition of the patient.

If you are seeking compensation for medical malpractice, it is important to have a seasoned lawyer by your side. At Weltchek Mallahan & Weltchek, our team will help you determine the best method to pursue your financial recovery. Contact us today for an appointment for a no-cost consultation. Medical errors can be a grave problem that can cause significant damage. Our legal team is prepared to look closely at your case and fight for the maximum amount of compensation you deserve.