Malpractice Compensation

Malpractice compensation usually is used to cover future and past medical expenses. It can also compensate victims for lost income and their ability to work.

Non-economic damages can be more difficult to estimate. They can include pain and discomfort, frustration and stress. They are typically determined using a severity factor.

To prove the malpractice, a plaintiff has to show a doctor's duty to behave professionally. The duty was not fulfilled and resulted in injury.

Damages for suffering and pain

The suffering and pain are among of the most difficult damages to quantify in a medical malpractice case because 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 are the individual feelings of pain, distress and anxiety caused by the negligent malpractice incident.

The physical pain associated with malpractice injuries can be mild to severe. However the psychological and emotional suffering can be much more intense. This could include anxiety, anger, depression, fear, depression irritation, frustration, loss of enjoyment of life and other negative impacts on the quality of life that a jury might be able to consider when determining the amount of damages.

Examples of permanent impairments include scarring, disfigurement or loss of limbs. These conditions can make it difficult to exercise, maintain healthy relationships, and perform daily tasks. In certain situations, a lawyer may want to summon expert witnesses who can explain the impact on the quality of life of the victim.

Although it is difficult to determine a precise dollar amount on these damages, a juror will use their experience, background and common sense in determining the value. It is therefore important to hire a knowledgeable and experienced legal team working on your behalf to ensure you are able to claim the full amount.

Damages for Economic Loss

Economic damages pay victims the financial burdens they incur as a result of a medical malpractice. They typically cover future and past medical bills related to treatment for a malpractice injury. They also cover lost income in cases where the injury prohibits the victim from working or reduces their earning capacity. These damages can be substantiated with documentation, such as medical bills and wage records however, certain items of economic loss might require expert testimony to support.

For example, a patient who suffers severe physical injuries due to medical negligence may require extensive long-term care, including surgery, medication, and physical therapy. The cost of these services can run into the thousands of dollars over a lifetime.

In certain instances, negligence on the part of a medical professional could result in a permanent disability like cerebral palsy, or parlysis. This can lead to costly ongoing treatment as well as a significant decrease in the quality of life.

In some states, there are limits on the amount of compensation a victim can receive in a medical malpractice lawsuit. These limitations were struck down by several courts because they are considered unconstitutional restrictions on an injured person's rights to an equitable legal remedy. New York does not impose damage caps, which means that victims are able to claim the full amount of past and future losses from an effective malpractice claim.

Damages for non-economic losses

Certain medical malpractice-related injuries are more difficult to put in a dollar figure the basis of suffering and pain, as well as the loss of enjoyment of life. While these damages may be difficult to quantify, it is possible to determine the amount by using testimony from witnesses and financial analysis to back the claim.

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

When calculating these damages the judge and jury will take several factors into consideration. A judge or jury may give noneconomic damages if the injury resulting from medical error reduces the quality of life for the victim. This could include the cost of bringing in someone to complete the tasks that the injured individual cannot perform anymore like cleaning, cooking, and caring for children.

In some cases doctors' actions could be reckless or negligent that punitive damage is appropriate. These are designed to punish the offender and to send a message to other professionals in the health care sector. It is usually limited to cases that are particularly egregious and demonstrate a blatant disregard for the patient's safety.

Damages for wrongful death

The loss of a loved one caused by medical negligence can cause a lot of stress and financial loss for family members. A representative can start a lawsuit in order to recover damages for medical and funeral expenses, out of pocket costs such as equipment for home health or nursing assistance or loss of future earnings, loss of opportunity to inherit and more. The attorney representing the plaintiff can hire economists to estimate the life span of the deceased and calculate the projected income.

Damages for punitive and compensatory are available in the event of wrongful deaths. Compensatory damages are awarded to victims in exchange for their out-of-pocket expenses and other damages that are easily quantifiable, such as medical expenses and future medical expenses; pain and suffering; mental anxiety; and loss of consortium. Punitive damages punish those who commit egregious acts like leaving sponges inside patients during surgery that require a follow-up operation to remove.

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 lawyer with experience handling medical malpractice cases to ensure the plaintiff receives all available damages. An experienced lawyer can review all evidence and documents to determine the amount the victim is due. A competent lawyer can argue a convincing case to the jury and make sure that all eligible damages are included in the final settlement or verdict.