Malpractice Compensation
Malpractice compensation often covers past and future medical expenses. It can also compensate victims of lost income and their inability to work.
Non-economic damages are more difficult to quantify and include pain and suffering along with distress and frustration. They are usually calculated using a severity ratio.
To establish malpractice in a lawsuit, the plaintiff must establish that the doctor was bound by the obligation to act professionally; that this duty was not fulfilled and caused injury and resulted in damages.
Damages for pain and suffering
In a malpractice lawsuit it is possible for pain and suffering to be difficult to quantify because they are subjective. Contrary to financial losses, such as hospital bills and lost wages, which can easily be calculated to the penny, the pain and suffering is the individual feelings of distress, discomfort and anxiety that were caused by the negligence of the malpractice.
The physical discomfort associated with blakely malpractice attorney injuries can range from mild to severe. However, the emotional and psychological suffering can be more intense. This can include anxiety, anger, depression, fear, depression and frustration, irritability, loss of enjoyment of life and other negative impacts to the quality of life which the jury may consider when determining the amount of damages.
Examples of permanent impairments include scarring, disfigurement, or loss of legs. These may make it difficult to exercise or maintain healthy relationships and perform daily tasks. In certain cases lawyers may decide to call expert witnesses who can provide an explanation of the impact on the victim’s quality of life.
It is difficult to determine the exact dollar value of these damages. A jury will rely on experience, knowledge and common sense to determine their worth. It is therefore essential to have a competent and experienced legal team on your behalf to ensure that you get the maximum amount.
Damages for Economic Loss
Economic damages pay a victim for the financial expenses related to a medical malpractice injury. They typically cover past and future medical bills arising from the treatment of a malpractice-related injury. These costs also include lost income if an injury stops a victim from working or affects their earning capacity. The damages can be proved through documentation, like medical bills and wage records but certain aspects of economic loss might require expert testimony in support.
For instance, a patient who suffers severe physical injuries due to medical negligence may require extensive long-term care, including surgery, medication, and physical therapy. The cost of this treatment can run into the millions of dollars over the course of a lifetime.
In some cases, a lack of care on the part of a medical professional could lead to a permanent disability like cerebral palsy, or parry. This could result in costly continuing treatment and a massive decrease in the patient’s quality of life.
In some states, there are limits on the amount of compensation the victim could receive in a medical negligence case. In some courts, these limits have been declared unconstitutional as they limit the right of the person who has been injured to pursue a fair legal remedy. New York does NOT impose damage caps. Victims can seek the full amount of their losses in the past and the future in the event of a successful malpractice claim.
Damages for non-economic Losses
Certain medical malpractice related injuries are more difficult to quantify, like pain and discomfort and loss of enjoyment of life. These damages are difficult to quantify but can be done by employing an expert financial analysis as well as testimony from witnesses.
Economic losses are also compensated, including future and previous medical expenses. This can include hospital fees such as in-home medical care medical equipment, more. Compensation may also cover future earnings and lost income, if the injury affected the victim’s ability to work.
In calculating these damages the jury and judge will take a variety of factors into consideration. A jury or judge may award noneconomic damages when, for example, an injury caused by medical error reduces the quality of life of the person injured. This could include the cost to hire someone to do the work that the injured person is no longer able to complete, such as cleaning, preparing meals or caring for their children.
In some instances the conduct of a doctor could be so negligent or reckless that punitive damages are necessary. These are designed to punish the offender and send a message to other professionals working in the field of health care. This usually only applies to cases of gross negligence and careless disregard for safety of patients.
Damages for wrongful deaths
Losing a loved ones due to medical negligence can be a traumatic and financially draining experience for the family. A representative may start a lawsuit in order to seek damages for the deceased’s medical and funeral expenses, out-of-pocket costs like home health equipment or nursing help and loss of future earnings, the prospect of inheritance and much more. A lawyer for the plaintiff may employ experts in economics to evaluate the deceased’s life expectancy and calculate the projected loss of income.
Damages that result from wrongful death include compensatory and punitive damages. Compensatory damage compensates victims for their out-of pocket losses as well as other damages that can be easily quantifiable, such as medical expenses and future medical expenses including pain and suffering mental anguish; and loss of consortium. Punitive damages punish wrongdoers who engage in egregious conduct, such as leaving sponges in patients ‘ bodies during surgery that require a second surgery to remove.
A wrongful death claim can be filed as an addition to an ongoing Rogers Malpractice Law Firm case or as part of a survivor action. A wrongful death claim requires a lawyer who has experience dealing with medical malpractice cases to ensure that the plaintiff is paid all damages. A skilled lawyer will review all of the evidence and documents to determine the amount the victim owes. An experienced lawyer will present a persuasive case to the jury and ensure that all the damages deemed eligible are included in the final settlement or verdict.