20 Myths About Malpractice Litigation: Dispelled

Understanding Your Rights to Medical Malpractice Compensation in New York

Medical malpractice can cause numerous losses, such as medical expenses that are costly, lost wages and non-economic damages such as suffering and pain. A New York attorney who is competent can assist you in understanding the rights to compensation you are entitled to.

First decide if your injuries resulted from an error made by a medical professional. Then you can pursue a malpractice lawsuit.

Medical expenses

The most obvious cost related to malpractice is that of medical care needed to treat the resultant injuries. This type of damage has the limitation that is set by law of the state, that is established in the liability insurance policy of a medical professional. Some states have also established injured patient compensation funds to offset the perceived costs of litigation, and also help providers lower their liability insurance costs.

Victims can claim compensation in addition to medical costs when negligence is found to be the cause. These are known as special or economic damages. They include the cost of medical treatments (past or future) needed to treat the injury caused by the negligence and also any income loss resulting from being unable to work.

Damages for suffering and pain are common in medical malpractice cases. The amount of damages for pain and suffering is subjective and may vary significantly between different claimants. It includes any emotional or physical discomfort, and other non-physical effects associated with the malpractice. For instance the plaintiff could be compensated for the error of a doctor that caused her to miss a crucial cancer screening appointment.

In addition, punitive damages can also possible in certain cases. These are intended to punish an individual doctor for the most egregious behavior, such as leaving a dirty sponge inside the patient's body following surgery.

Pain and suffering

In medical malpractice cases there is pain and suffering as an example of non-economic damages. They are a way to compensate for the emotional and physical trauma a victim has suffered because of the doctor's negligence. The symptoms may be minor, malpractice lawsuit like discomfort or anxiety, or major issues, like the loss of enjoyment and depression, embarrassment, fear, and sleep problems.

It's not easy to put an amount of money on the suffering and suffering of others, which is why jury instructions typically leave it to jurors to rely on their own judgment of their background, experience, and knowledge in determining what they believe is reasonable and fair. As a result, the amount of compensation awarded in malpractice cases vary widely.

Your medical malpractice lawyer will assist you in proving the severity of your pain using evidence that is tangible. Photos and X-rays, as well as home movies, models and diagrams can assist jurors in understanding the severity of your injuries.

If a doctor's negligence led to the death of a victim, the beneficiaries can collect damages through the wrongful death lawsuit or through survival statutes. The law governing wrongful death allows the spouse and children of a deceased victim to receive the same amount of compensation they would have received if the patient survived. The amount that a victim may receive is typically limited by the state's limits on pain and suffering. This is why it's so important to find a skilled medical malpractice attorney on your side to ensure you receive the settlement you deserve.

Lost wages

If you are absent from work due to medical negligence you may be able to recover your lost wages. This amount includes your base pay bonus, commissions and employment benefits, as well as pay raises, and retirement fund contributions. Your attorney will review your past pay stubs to determine your average earnings before the injury, and after that, subtract your lost work to calculate your total lost wages. Your lawyer can help you calculate your future loss of income by using a present value calculation. This is an analysis of your finances that analyzes the consequences of your injuries in the future on your ability to earn money. This is usually done by a professional who is hired by your attorney.

In addition to compensating your economic losses, you may also get non-economic compensation for pain and suffering caused due to the malpractice incident. The jury will determine the appropriate amount of compensation for these damages, and this can differ from case to case. Certain states set a maximum amount for these damages. However they have been declared inconstitutional by numerous courts.

Settlements of seven figures tend to be caused by serious permanent injuries or death resulting from extreme healthcare negligence. Settlements with high value may be granted for, among other things, surgical errors that cause amputations and brain damage to infants or mothers and also anesthesia errors that can cause comas. Punitive damages, which are designed to punish bad behavior could also be a possibility in certain circumstances.

Damages that could be incurred for future medical care

In a medical malpractice lawsuit there are two kinds of damages a plaintiff could seek: economic and non-economic damages. The first is based upon calculable losses such as past or future medical expenses. The latter is more difficult to quantify and includes suffering and pain and loss of enjoyment of living. In a medical malpractice lawsuit the jury will have to hear expert testimony to determine the kind of losses.

Past medical expenses are simple to prove through the submission of actual invoices from the injured person's health care providers. The plaintiff's attorney will provide medical evidence to prove what procedures are likely be needed in the future, and how much they cost today. The amount of medical care needed can also be affected by the victim's age at the time of the malpractice.

Damages for future lost wages can be proven by showing the impact of the injury on a patient's capacity to work and earn in the future. This can be proven by expert testimony from a witness or by examining similar cases in the past.

Pain and suffering is a broad term that encompasses the physical and mental discomfort and distress that patients suffer due to medical negligence. The type of damages are usually based on the testimony of the victim and other witnesses, as well as evidence such as photographs, videotapes and written reports.