Malpractice Compensation

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

Non-economic damages are more difficult to determine and can include pain and suffering as well as distress, lawsuit frustration and pain. They are typically determined using a severity factor.

To prove negligence, a plaintiff must prove that a doctor's responsibility was to be professional. The duty was not fulfilled and resulted in injury.

Damages for Pain and Suffering

The pain and suffering of a victim is one of the most difficult damages to quantify in the case of medical malpractice because they can be very 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 victim's personal feelings of discomfort, distress and anxiety that were caused by the negligent malpractice.

The physical pain that comes with malpractice lawsuit injuries can range from mild to severe. However the psychological and emotional pain can be more intense. This could include anxiety and depression as well as anger, fear, frustration, irritability and other negative effects on the person's life. The jury can take these into consideration when determining damages.

Some examples of such damage could be disfigurement, scarring, loss of limbs or other permanent impairments that affect the ability to exercise, maintain healthy relationships and carry out simple daily tasks. In certain situations lawyers may decide to summon expert witnesses who can provide an explanation of the impact on the quality of life for the victim.

While it's difficult to establish a precise dollar amount to these damages, a judge will use their knowledge, experience and common sense in determining the value. Therefore, it is essential to have a skilled and experienced legal team on your behalf to ensure that you can recover the full amount.

Damages for Economic Loss

Economic damages reimburse a victim for the financial costs that result from a medical negligence injury. These costs typically cover past and future medical expenses related to treatment for a medical malpractice injury. They also cover lost income in cases where the injury prohibits the person from working or affects their earnings capacity. These damages can be substantiated with evidence, such as medical bills and wage records but certain aspects of economic loss could require expert testimony from an expert to prove.

For instance, a patient who suffers a serious physical injury from medical malpractice lawsuits might require extensive long-term treatment, such as surgeries, medication and physical therapy. The cost of this care could be in the thousands of dollars over the course of a lifetime.

In some instances, negligence on the part of a medical professional can result in a permanent impairment like cerebral palsy, or parlysis. This can result in expensive ongoing treatment, and a substantial reduction in the patient's quality.

In some states, there are caps on the amount of damages victims can be awarded in a medical malpractice lawsuit. In many courts, these limitations were ruled to be unconstitutional because they limit the rights of the person who has been injured to receive a fair legal remedy. New York does not impose damages caps, so that the victims can recover the full amount of damages from a successful malpractice claim.

Damages for non-economic losses

Certain medical malpractice related injuries are more difficult to quantify for example, pain and discomfort and the loss of enjoyment. While these damages may be difficult to quantify, it is possible to do so using witness testimony and expert financial analysis to support the claim.

Compensation also covers past and future medical expenses. This can include hospital expenses, in-home health care medical equipment, in-home health care, and more. Compensation may also cover future earnings as well as loss of income, if the injury prevented the victim from working.

In the calculation of damages, both the jury and the judge be looking at several aspects. For example in the event that a medical error caused an injury that reduces the quality of life of the victim, a jury and judge could award damages that are not economic due to the diminished quality of life. This can include the cost to hire an individual to take on tasks that the injured party is unable to do, such as cleaning, cooking meals or caring for their children.

In certain instances, a doctor's conduct may be reckless or negligent that punitive damage is appropriate. These are intended to punish the perpetrator and send a clear message other health care professionals. The majority of them are cases of gross negligence and careless disregard for safety of patients.

Damages for wrongful deaths

Losing a loved one due medical negligence can be a difficult and financially draining experience for the family. A representative may bring suit to seek damages from the deceased's estate for funeral and medical costs and other out-of-pocket expenses such as nursing or home health assistance and loss of future earnings, lost inheritance prospects and so on. A plaintiff's lawyer can hire expert economists to analyze the lifespan of the deceased and calculate the anticipated loss of income.

Damages resulting from wrongful death include compensatory and punitive damages. Compensation damages pay victims for expenses out of pocket and other easily quantifiable losses, such as the cost of medical treatment in the present and in the future or loss of consortium; pain and suffering; disfigurement and mental anguish. Punitive damages are awarded to those who commit infractions that are egregious like leaving sponges inside patients during surgery which require a second operation to remove.

A wrongful death lawsuit can be filed as part of an ongoing malpractice case or in conjunction with a survival action. To ensure that the plaintiff receives the full amount of damages, a wrongful death case requires an attorney who is experienced in medical malpractice cases. A knowledgeable lawyer will go through all the evidence and documents in order to determine what a victim could be entitled to. A lawyer who is experienced can make a convincing argument to the jury, and ensure that all damages are included in the settlement or verdict.