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Understanding Your Rights to Medical Malpractice Compensation in New York

Medical malpractice can lead to a number of losses including costly medical care, lost wages and non-economic losses like suffering and pain. A reputable New York attorney can help you determine your rights to claim compensation.

First, determine if your injuries were caused by an error made by a medical professional. Then you can pursue the process of bringing a malpractice lawsuit.

Medical expenses

The expense of medical treatment to treat injuries is the most obvious. This category of damages is subject to limitations set by law of the state that is established in the liability insurance policy of a health care provider. Some states also establish injured patient compensation funds to cover the perceived costs of litigation and to reduce the cost of liability for providers.

Victims are entitled to compensation in addition to medical expenses when negligence is found to be a cause. These are known as economic or special damages. They include the costs of any medical treatment (past and future) that are required to treat the injury that resulted from the malpractice, as being any lost earnings due to not being able to work due to the injury.

Damages for pain and suffering are also common in medical malpractice cases. This category of damages can differ widely among claimants and is considered to be subjective. This includes emotional distress, physical pain and other physical consequences of the negligence. For instance the plaintiff could be paid for a mistake by a doctor that caused her to miss a crucial cancer screening appointment.

In some instances punitive damages could be granted. These are meant to punish the doctor for particularly indecent behavior, like leaving a sponge inside the body of a patient after surgery.

Pain and suffering

In medical malpractice cases the pain and suffering of the victim is a form of non-economic damages. The compensation is for the physical and mental trauma that victims suffered as a result of a medical professional's negligence. The symptoms could be mild such as discomfort or anxiety or they may be more serious, like loss of enjoyment in life, depression, embarrassment and anxiety.

It's not easy to put an exact dollar amount on suffering and pain, so jury instructions typically leave the decision to jurors to rely on their own judgment of their background, experience, and knowledge in determining what they think is reasonable and fair. The amount of compensation awarded in malpractice lawsuits can vary.

Your medical malpractice lawyer can help you demonstrate the extent of your pain using evidence that can be used to prove your case. X-rays and photos, along with home models, movies and diagrams can aid jurors in understanding the extent of your injuries.

If a doctor's malpractice caused the death of a patient's family members, the heirs may recover damages through survival statutes, or wrongful death lawsuits. The laws governing wrongful death typically allow the spouse and children to collect the same amount of compensation they would have received had the patient survived. Generally, however, the total amount of damages a victim receives is limited by a state's damages caps for suffering and pain. It is important to have an experienced medical malpractice lawyer on your side to pursue the compensation you're entitled to.

Loss of wages

You can get back your lost wages if you are unable to work due to medical negligence. This includes your base salary plus bonuses, commissions, as well as benefits for employees. Also, it includes any pay increases or increases in pay. Your attorney will examine your pay stubs for the previous year to calculate your earnings per hour prior to the injury, and after that, subtract your missing work to determine your total lost wages. Your attorney can help determine your future loss of income by using a current value calculation. This is a complicated analysis of financials that considers the impact of your injuries on your ability to work in the future. it's usually done by a professional hired by your attorney.

In addition to compensating for your economic losses, you can seek non-economic damages to compensate for pain and suffering triggered due to the malpractice incident. The jury will determine the appropriate compensation amount for these damages, and it could differ from case to case. Certain states, however, have limits on these damages, and have been struck down as unconstitutional in a number of cases.

Seven-figure settlements usually result in serious permanent injuries or wrongful deaths resulting from extreme healthcare neglect. Settlements of high value can be granted for among others, surgical errors that cause amputations and brain injury to infants and mothers, as well as anesthesia errors that lead to comas. Punitive damages, which are designed to punish bad behavior are also available in certain circumstances.

Damages to future medical treatment

In a medical malpractice lawsuit there are two kinds of damages a plaintiff could seek: economic and non-economic damages. The former are based on calculable financial losses, such as future and past medical expenses. The latter is more difficult to quantify and includes suffering and pain and loss of enjoyment of life. In a case of medical malpractice lawyers the jury will have to hear testimony from experts to evaluate the kind of losses.

It is relatively easy to prove medical expenses from the past by submitting actual bills that were sent to the person injured by their health healthcare providers. For future expenses, the attorney for the plaintiff will provide medical evidence that demonstrates the type of treatment that is likely to be required in the future and how much the treatments cost today. The amount of medical treatments required could be affected by the victim's ages at the time of malpractice.

Proving damages for future lost wages is attainable by demonstrating how the injury affected the patient's ability to earn and ability to work. This can be supported by expert witness testimony or by examining similar cases from the past.

Pain and suffering is a broad category of damages that includes the physical and emotional pain and distress that a patient suffers due to medical negligence. This type of damages is typically based on the testimony of the victim and other witnesses as well as evidence such as videos, photographs and written reports.