Malpractice Compensation

Malpractice compensation usually covers past and future medical costs. It also provides compensation for victims of loss of income and their inability to work.

Non-economic damages are more difficult to quantify and can include pain and suffering, frustration and distress. These are typically calculated using a seriousness factor.

To prove that there was a malpractice in a lawsuit, the plaintiff must establish that a doctor was under a duty to act professionally; that this duty was violated and led to injury and resulted in certain damages.

Damages for pain and suffering

The suffering and pain are among of the most difficult damages to quantify in a medical malpractice case since they are subjective. They are not economic losses such as hospital bills or lost wages that can be calculated to the penny. Instead they are the victims' feelings of distress, anguish and discomfort resulting from the negligence.

The physical pain that is caused by malpractice injuries may be mild to severe. The emotional and psychological pain can be more severe. This could include anxiety, anger, depression and frustration, irritability, loss of enjoyment of life and other negative impacts on the quality of life of a person that the jury can look at when determining the amount of damages.

Some examples of such damage can be scarring, disfigurement injuries, limb loss or other permanent impairments that affect the ability to exercise, maintain healthy relationships and perform basic daily tasks. In some cases lawyers may choose to consult with experts who can discuss the impact on the quality of life of the victim.

It isn't easy to determine the exact dollar value of these damages. A jury will use their experience, knowledge and common sense to determine their worth. It is therefore important to have a competent and experienced legal team working on your side to ensure that you will be able to recover the entire amount.

Damages for Economic Loss

Economic damages compensate victims for the financial costs they incur due to medical negligence. They typically will cover future and past medical expenses incurred in the course of treatment or therapy for a arnold malpractice attorney-related injury. They also cover lost income if an injury hinders a person from working or limits the earning capacity of a person. These damages can be substantiated through documentation, like medical bills and wage records however, certain items that are economic losses may require expert testimony in support.

For example, a patient who suffers a serious physical injury due to medical negligence may require extensive, long-term care which includes surgeries, medication and physical therapy. The cost of this care could be millions of dollars in a lifetime.

In certain cases the negligence of medical professionals can result in a permanent disability such as cerebral palsy or paralysis. This could result in costly ongoing treatment and a significant decrease in the patient's quality.

In certain states, there are caps on the amount of damages the victim could receive in a medical negligence case. These limitations have been struck down in many courts, as they are considered unconstitutional restrictions on the right of an injured person to an equitable legal remedy. New York does NOT impose damage caps. Victims can recover the full amount of their past and future losses in the event that they prevail in a legal claim for malpractice.

Damages for non-economic Losses

Certain medical malpractice-related injuries are more difficult to place in a dollar figure, such as suffering and pain, as well as the loss of enjoyment of life. These damages are hard to calculate but can be done by employing an expert financial analysis as well as testimony from witnesses.

Economic losses are also compensated for, which includes future and past medical expenses. This can include hospital bills home care, medical accessories, and more. Compensation can also be used to cover future earnings and lost income, if the injury hindered the victim's work.

In the calculation of damages, both the jury and judge look at a variety of factors. For instance, if a medical error caused an injury that reduces the quality of life of the victim, a judge and jury may award noneconomic damages to compensate for this reduction in quality of life. This includes the cost of hiring someone to perform tasks that the injured is unable to perform, such as cleaning, cooking, and taking care of children.

In certain cases the conduct of a doctor could be so reckless or negligent that punitive damages are appropriate. These are intended to punish the perpetrator and send a clear message to other health care professionals. This usually only applies to cases of gross negligence or careless disregard for safety of patients.

Damages for Wrongful death

The loss of a loved one due to medical negligence can cause a lot of stress and financial loss for family members. A representative may bring a lawsuit to seek damages for the deceased's funeral and medical expenses, out-of-pocket expenses like home health equipment or nursing assistance and loss of future earnings, loss of opportunity to inherit, and more. A plaintiff's attorney can engage economists to estimate the deceased's life span and calculate the projected income.

Damages that result from wrongful death include compensatory and punitive damages. Compensation damages pay victims for the cost of their losses and other easily quantifiable damages such as medical expenses and future medical costs including pain and suffering mental anguish; and loss of consortium. Punitive damages penalize wrongdoers for egregious conduct, such as leaving a sponge in the body of a patient in the course of surgery and needing a second surgery to remove it.

A wrongful death case could be filed as a part of an ongoing elmwood park malpractice lawsuit case or in conjunction with a survival action. A wrongful death claim requires a lawyer experienced in dealing with medical malpractice cases to ensure that the plaintiff receives all available damages. An experienced lawyer will review all the evidence and documents in order to determine how much a victim might be owed. A lawyer who is well-informed will present a convincing argument to the jury, and ensure that all damages are included in the settlement or verdict.