Malpractice Compensation

Malpractice compensation usually covers future and past medical expenses. It may also compensate victims for lost income as well as their capacity to work.

Non-economic damages can be more difficult to calculate. They can include pain and frustration, discomfort, and distress. They are usually calculated using a seriousness factor.

To establish negligence in a lawsuit, the plaintiff must establish that a doctor had the duty to act professionally; that the duty was violated and led to injury; and that the injury led to certain damages.

Damages for suffering and pain

Pain and suffering are some of the hardest damages to quantify in medical malpractice cases because they can be extremely subjective. In contrast to economic losses such as hospital bills and lost wages which can be easily calculated to the penny, pain and suffering is the individual feelings of pain, distress and anxiety caused by a negligent malpractice.

Physical pain caused by injuries from malpractice can be mild or severe. The emotional and psychological pain can be more severe. It can be characterized by anxiety, depression, fear, anger, frustrated, irritability and other negative impacts on the individual's life. The jury could take these into consideration when determining damages.

The most common examples of damage could include scarring, disfigurement injuries, limb loss or other permanent impairments that hinder the ability to exercise, maintain healthy relationships and to perform basic daily tasks. In some cases the attorney could solicit expert witnesses to explain the impact of the injury 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 and knowledge to determine their worth. This is why it is important to have a seasoned and skilled legal team working for you to ensure that you are able to recover the full amount of your loss.

Damages for Economic Loss

Economic damages are a way to compensate victims for the financial costs they incur due to medical malpractice. In most cases, these costs are used to pay for future and past medical expenses incurred as a result of treatment or treatment for an injury resulting from malpractice. They also include lost income if the injury prevents the person from working or limits their earning capacity. Documentation, like medical documents and wage records, can be used to prove these damages however certain types of economic loss require an expert witness.

For example, a patient who suffers severe physical injuries due to medical malpractice could require extensive long-term care, including surgery, medication, and physical therapy. The cost of this treatment could be in the thousands of dollars over a lifetime.

In some cases, a lack of care on the part of a medical professional can lead to a permanent disability like cerebral palsy, or parlysis. This could result in costly continuing treatment and a major reduction in the patient's life quality.

In some states, there are limits on the amount of damages victims can be awarded in a medical malpractice lawsuit. In some courts, these limits have been ruled unconstitutional because they restrict the right of an injured victim to pursue a fair legal remedy. New York does not impose damage caps, so victims are able to receive the full amount they incurred in damages from a successful malpractice law firms claim.

Damages for non-economic losses

Certain medical malpractice related injuries are harder to quantify, like pain and discomfort and the loss of enjoyment. These damages are difficult to calculate but can be calculated using an expert financial analysis and witness testimony.

Compensation also covers future and past medical costs. These can include hospital expenses, in-home care, medical accessories, and more. Compensation can also cover future earnings and loss of income, if the injury hindered the victim's work.

In calculating damages, both the jury and the judge look at a variety of factors. For example, if a medical error caused an injury that reduces the quality of life of the victim, a judge and jury could award damages that are not economic due to the diminished quality of life. This includes the cost of hiring a person to perform the tasks that the injured individual can no longer perform like cleaning, cooking, and taking care of children.

In certain instances, a doctor's conduct may be so reckless or negligent that punitive damage is appropriate. They are designed to penalize the defendant and send a message to others in the health care sector. This is usually limited to cases of gross negligence or an inordinate disregard for the safety of patients.

Damages for wrongful death

Losing a loved one due medical negligence can be a traumatic and financially draining experience for the family. A representative may file suit to recover damages from the deceased for funeral and medical expenses including out-of-pocket expenses like nursing or home health assistance and loss of future earnings potential, lost inheritance and so on. The attorney for the plaintiff may employ economists to estimate the life span of the deceased and calculate projected income.

Damages resulting from wrongful death include punitive and compensatory damages. Compensation damages compensate victims for the cost of their losses and other damages that are easily quantifiable including medical expenses and future medical expenses including pain and suffering mental anguish; and loss of consortium. Punitive damages punish wrongdoers who commit infractions that are egregious, such as leaving sponges in patients ' limbs during surgery which require a second operation to remove.

A wrongful-death claim can be filed as an addition to a regular malpractice case or as part of a survival action. To ensure that the plaintiff gets the full amount of damages an wrongful death claim requires an attorney who is experienced in medical malpractice cases. A skilled lawyer can scrutinize all of the documents and evidence to determine the amount the victim owes. An experienced lawyer can present a convincing argument to the jury and ensure that all the eligible damages are included in the final settlement or verdict.