Malpractice Compensation

Malpractice compensation typically will cover future and past medical expenses. It can also compensate those who have lost their income and their inability to work.

Non-economic damages are more difficult to quantify. They can include pain and irritation, frustration, and distress. They are usually calculated using a degree of severity.

To prove malpractice the plaintiff must prove that a doctor owed a duty to act professionally; that the duty was not fulfilled and caused injury; and that the injury caused damages in a specific way.

Damages for Pain and Suffering

In a medical malpractice case, pain and suffering can be difficult to quantify as they are subjective. Unlike economic losses like hospital bills and lost wages which can easily be calculated to the penny, the pain and suffering is the victim's individual feelings of distress, discomfort and stress that are caused by the negligence of the malpractice attorneys.

The physical pain associated with malpractice law injuries can be mild to severe. However the psychological and emotional suffering can be even more severe. It could include anxiety, anger, depression or frustration, irritability loss of enjoyment and other negative effects on the quality of life of a person that the jury could take into consideration in determining the amount of damages.

Examples of such damages can be scarring, disfigurement and loss of limbs, among other permanent impairments that hinder the ability to exercise, maintain healthy relationships and carry out simple daily tasks. In some instances an attorney might solicit expert witnesses to explain the impact of the injury on the victim's life quality.

While it's difficult to determine a precise dollar amount to these damages, a juror will use their knowledge, experience and common sense in determining the value. In this regard, it is important to have a knowledgeable and proficient legal team working for you to ensure that you're able to recover the full amount of your loss.

Damages for Economic Loss

Economic damages compensate victims for the financial burdens they incur due to medical malpractice. Typically, these costs cover past and future medical expenses incurred as a result of treatment or treatment for injuries resulting from malpractice. These expenses also include lost earnings, if an injury prevents a victim from working or affects their earning capacity. Documentation, like medical documents and wage records, can be used to prove the damage, but certain items of economic loss require an expert witness.

For instance, a patient who suffers serious physical injuries due to medical negligence may require a long-term, extensive care plan, including surgeries, medication, and physical therapy. This treatment can cost millions of dollars over the course of a lifetime.

In some cases, negligence on the part of a medical professional can cause a permanent disability like cerebral palsy or parlysis. This can lead to expensive ongoing treatment and a significant reduction in the patient's quality.

In some states, there are limitations on the amount the victim of medical malpractice is entitled to as damages. These limitations have been struck down in several courts because they are deemed to be unconstitutional restrictions on an injured person's rights to a fair legal remedy. New York does not impose damage caps, which means that victims are able to recover the entire amount of their losses, both past and future, from a successful malpractice settlement claim.

Damages for non-economic Losses

Some medical malpractice-related injuries are more difficult to assign an amount on the basis of suffering and pain, as well as the loss of enjoyment of life. These damages are difficult to quantify but can be calculated employing an expert financial analysis as well as witness testimony.

Economic losses are also covered by compensation, such as future and past medical expenses. This can include hospital expenses and in-home health services, medical equipment, and more. In addition, compensation could provide for lost income in the event that the injury has prevented a victim from working, and also future losses of earnings.

When calculating the amount of damages, the judge and jury will take a variety of aspects into consideration. A judge or jury may award noneconomic damages when such an injury resulting from an error of medicine reduces the quality of life of the victim. This can include the cost of hiring an individual to take on tasks that the injured person cannot complete, such as cleaning, cooking meals and caring for their children.

In some cases an individual doctor's actions may be so negligent or reckless that punitive damages are appropriate. These are meant to penalize the perpetrator and send a clear message to other health care professionals. The majority of them are cases that are particularly infuriating and involve a gross disregard for the safety of patients.

Damages for Wrongful Death

Losing a loved one due medical negligence can be a difficult and Malpractice compensation financially draining experience for the family. A representative can start a lawsuit in order to recover damages for funeral and medical expenses, out-of-pocket expenses like home health equipment or nursing care, loss of future earnings, loss of possibility of inheritance, and more. The attorney representing the plaintiff can hire economists to determine the length of life of the deceased and determine the expected income.

Damages associated with wrongful death include compensatory and punitive damages. Compensatory damages are awarded to victims in exchange for their out-of pocket losses and other easily quantifiable damages like medical expenses and future medical expenses such as pain and suffering; mental anxiety; and loss of consortium. Punitive damages penalize wrongdoers for unacceptable conduct, like leaving a sponge inside a patient during surgery and requiring a second procedure to remove it.

A wrongful-death action could be filed as a part of an ongoing malpractice case or with a survival action. A wrongful death case requires a skilled lawyer dealing with medical malpractice legal cases to ensure the plaintiff is paid all damages. An experienced lawyer will review all the evidence and documents to determine the amount a victim could be entitled to. A knowledgeable attorney will present a persuasive case to the jury and make sure that all damages eligible for reimbursement are included in the final settlement or verdict.