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Malpractice Compensation

Malpractice compensation typically covers past and future medical expenses. It can also pay 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. They are usually determined using a severity factor.

To prove negligence, a plaintiff must demonstrate that a doctor's duty is to act professionally. The duty was violated that resulted in injury.

Damages for suffering and pain

In a medical malpractice case it is possible for pain and suffering to be difficult to quantify since they are subjective. As opposed to the economic costs of hospital bills and lost wages, which can be easily calculated to the penny, the pain and suffering refers to the individual feelings of distress, pain and anxiety caused by the negligent malpractice incident.

Physical pain due to malpractice injuries can be mild to severe. However, the emotional and psychological pain can be more severe. This can include anxiety, anger, depression, fear, depression, frustration, irritability, loss of enjoyment of life and other negative impacts to the quality of life of a person that a jury might look at when determining the amount of damages.

Some examples of such damage could be disfigurement, scarring injuries, limb loss or other permanent impairments that reduce the ability to exercise, maintain healthy relationships and perform simple daily tasks. In some instances the attorney could solicit expert witnesses to discuss the effect of the injury on the quality of life for the victim.

It isn't easy to determine the exact dollar value of these damages. A jury will consider their experience and knowledge to determine their value. As a result, it is crucial to have a knowledgeable and skilled legal team to your side to ensure that you are able to recover the full amount of your loss.

Damages for Economic Loss

Economic damages compensate victims for the financial costs they incur as a result of a medical malpractice. Typically, these damages include future and past medical expenses incurred as a result of treatment or therapy for a malpractice-related injury. They also cover lost earnings, if an injury prevents a victim from working or reduces the amount of money he or she earns. These damages can be established with documentation, such as medical bills and wage records but certain aspects of economic loss might require expert testimony in support.

A patient who has sustained severe physical injuries due to medical malpractice may require extensive long-term care. This may include surgeries, medications and physical therapy. This treatment can cost millions of dollars in the course of a lifetime.

In certain cases, the negligence of medical professionals can lead to a lifelong disability such as cerebral palsy or paralysis. This can result in expensive ongoing treatment as well as a significant reduction in a patient's standard of life.

In some states, there are caps on the amount of damages that an injured person can claim in a case of medical malpractice. In many courts, these limitations have been ruled unconstitutional because they limit the rights of the person who has been injured to receive a fair legal remedy. New York does NOT impose damage caps. Victims are entitled to the entire amount of their past and future losses if they win a malpractice claim.

Damages for non-economic Losses

Some medical malpractice lawyers injuries are difficult to quantify, like pain and discomfort and loss of enjoyment of living. Although these damages can be difficult to calculate, it is possible to determine the amount by using witness testimony and malpractice expert financial analysis to support the claim.

Compensation also covers future and past medical expenses. This can include hospital fees, in-home health care medical equipment, and more. In addition, compensation can provide for lost income in the event that the injury has prevented the victim from working, as well as future losses of earnings.

When calculating these damages the jury and judge will take several aspects into consideration. A judge or jury may award noneconomic damages if for instance, an injury caused by an error in medicine affects the victim's quality-of-life. This could include the cost of bringing in someone to take on things that the injured person is unable to perform, such as cleaning, cooking, and caring for children.

In some instances an individual doctor's actions may be so negligent or reckless that punitive damages may be appropriate. They are designed to penalize the defendant and to send a message to others in the health care sector. This is generally limited to instances that are particularly outrageous and demonstrate a blatant disregard for the safety of patients.

Damages for wrongful deaths

The loss of a loved one caused by medical negligence can cause a lot of grief and financial hardship for family members. A representative may file suit to seek damages from the deceased's estate to pay funeral and medical costs and other out-of-pocket expenses such as home health care or nursing assistance, loss of future earning or inheritance prospects, etc. The attorney representing the plaintiff can hire economists to estimate the deceased's life span and calculate projected income.

The damages resulting from wrongful deaths include compensatory and punitive damages. Compensatory damages reimburse victims for expenses out of pocket and other losses that are easily quantifiable, such as current and future medical expenses as well as loss of consortium, pain and suffering; disfigurement; and mental anguish. Punitive damages punish wrongdoers for unacceptable conduct, like leaving a sponge in the body of a patient in the course of surgery and requiring a re-operation to remove it.

A wrongful-death claim can be filed alongside an ordinary malpractice case or as part of a survival case. A wrongful death case requires a lawyer with experience handling medical malpractice cases to make sure that the plaintiff is paid all damages. A skilled lawyer can scrutinize all documents and evidence to determine the amount the victim is owed. A lawyer who is experienced can present a persuasive argument to the jury and ensure that all damages are included in the settlement or verdict.