by Patti GatesUnderstanding Your Rights to Medical Malpractice Compensation in New York
Medical malpractice can lead to numerous damages, including high-cost medical bills, lost income and other damages, such as suffering and pain. A New York attorney who is qualified can help you understand the rights to compensation you have.
The first step is to determine whether you suffered injuries as a result of medical error. Then you can pursue a malpractice lawsuit.
Medical expenses
The cost of medical care to treat injuries is the most obvious. It is important to know that this category of damages is restricted by state law at a specific amount set in the liability policy of a healthcare provider’s insurance policy. Certain states also have established injured patient compensation funds to reduce the perceived cost of litigation, and also help providers reduce their liability insurance costs.
In addition to medical expenses, victims are entitled to compensation for any other expenses that are a result of negligence. These are referred to as special or economic damages. They include the cost of any medical services (past and in the future) that are required to treat the injuries resulting from the malpractice, as well in any loss of income caused by being unable to work because of the injury.
In medical malpractice cases, pain and suffering damages are also typical. This type of compensation is subjective and may vary greatly between different plaintiffs. This includes physical pain, emotional distress and other non-physical consequences of the negligence. For instance, a plaintiff might be compensated in the event that an error by a doctor which caused her to not take part in a crucial cancer screening.
In certain cases, punitive damages may also be granted. They are intended to penalize the doctor for egregious behavior, like leaving a dirty sponge inside the body of a patient after surgery.
Suffering and pain
Pain and suffering is a type of non-economic damages that are incurred in medical malpractice cases. They are a way to compensate for the emotional and physical trauma a victim has suffered due to the doctor’s negligence. The symptoms may be minor such as pain or anxiety or they can be major like a loss of pleasure in life, depression, embarrassment and fear.
Since it’s difficult to put a value on the amount of pain and suffering the jury instructions typically leave it up to jurors. They can use their judgment, knowledge and experience to decide what they believe is fair and reasonable. Therefore, the amount of compensation that are awarded in malpractice cases differ in a wide range.
A medical malpractice law firms lawyer can assist you in proving your suffering with tangible evidence. Images and Xrays, along with home models, videos and diagrams can help a juror understand the severity of your injuries.
If a doctor’s malpractice caused the death of a patient, heirs could be able to recover damages through the survival statutes or wrongful deaths lawsuits. In the case of wrongful death, laws generally permit the spouse and children to recover the same amount of compensation that they would have received if the patient had lived. Typically, however, the amount the victim is allowed to receive is determined by the state’s damage caps for suffering and pain. It is important to find a skilled medical malpractice lawyer on your side to ensure you receive the compensation you’re entitled to.
Loss of wages
If you are unable to work due to medical negligence You can claim back lost wages. This includes your base salary bonus, commissions, bonuses and employment benefits. Also, it includes any pay raises or increases in pay. Your lawyer will review your past pay stubs in order to determine your average earnings prior the injury. Then, subtract your missing work from the amount to arrive at total lost earnings. Your attorney can assist you to calculate your future loss of income by using a present value calculation. This is a complex financial analysis that looks at the effects of your injuries on your ability to work in the future, and it is usually performed by a specialist employed by your attorney.
You may also be able to recover economic damages, such as pain and suffering, caused by the malpractice law firms. The jury will determine the appropriate compensation amount for these damages, which can vary widely from case case. Some states have a limit on these damages. However, they have been declared inconstitutional by a number of courts.
Settlements of seven figures are generally associated with serious permanent injuries or death caused by extreme medical neglect. For example, surgical mistakes leading to amputations, complications during obstetrics that cause the brain of an infant and deaths, and anesthesia errors that cause comas could all be the reason for high-value settlements. In certain instances, punitive damages may be offered to punish bad behavior.
Future medical treatment costs – Damages
In a medical malpractice lawsuit there are two kinds of damages that a plaintiff may seek: economic and non-economic damages. The former are based upon calculable financial losses, including past and future medical expenses. The latter are more difficult to quantify, and includes the suffering and pain as well as loss of enjoyment of life. In a medical malpractice lawsuit (official Pickmein blog) the jury will have to hear expert testimony in order to judge the kind of losses.
It is fairly easy to prove past medical expenses by submitting actual bills that were sent to the injured person by their health healthcare providers. The attorney for the plaintiff will submit medical evidence to demonstrate the kind of treatment that is likely to be required in the future, and what they will cost in the present. The amount of future medical care required could be affected by the age of the victim at the time of the incident.
Damages to future wages can be proven through showing the impact of an injury on a patient’s ability to work and earning capacity in the future. This could be substantiated by expert testimony or by looking at similar cases from the past.
Pain and suffering is a broad term that covers the physical and mental discomfort and distress that patients suffer due to medical negligence. This type of damage is usually based on the statements of witnesses and victims, as well evidence like photos videos, audiotapes, and written reports.