Understanding Your Rights to Medical Malpractice Compensation in New York

Medical malpractice can lead to a variety of losses, such as expensive medical treatment, lost income and damages not based on economics, such as suffering and pain. A New York attorney who is skilled can assist you in understanding your rights to compensation that you are entitled to.

First, determine if your injuries were caused by an error in medical care. Then you can pursue an action for malpractice.

Medical expenses

The expense of medical treatment to treat injuries is the most obvious. This category of damages is subject to a cap established by law in each state, which is set in the liability insurance policy of a healthcare provider. Some states also establish injured patient compensation funds to help offset the perceived cost of litigation and to lower the cost of liability insurance for providers.

In addition to medical expenses Victims are also entitled to compensation for other costs that are a result of negligence. These are referred to as special or economic damages. They cover the cost of any medical treatments (past and future) which are required to treat the injuries resulting from the negligence, as well the loss of income caused by being unable to work due to the injury.

The damages for pain and suffering are also common in medical malpractice cases. This category of damages is a subjective one and can vary dramatically between different plaintiffs. It covers any physical pain, emotional distress and other physical consequences that result from the mistake. A plaintiff, for instance may be able to claim compensation if the doctor's error that caused her not to attend an important cancer screening.

In addition, punitive damages are also a possibility in certain situations. They are intended to penalize an individual doctor for the most egregious behavior, such as leaving an unclean sponge in the body of a patient after surgery.

Suffering and pain

Pain and suffering are an example of non-economic damages in medical malpractice cases. They are a way to compensate for the emotional and physical trauma a victim has suffered as a result of a doctor's negligence. The symptoms may be minor such as discomfort or anxiety or they could be more severe such as loss of enjoyment in life, depression, embarrassment and anxiety.

It's difficult to put an exact dollar amount on suffering and pain, therefore jury instructions generally leave the decision to jurors to use their personal judgment knowledge, background, and experience in determining what they believe is reasonable and fair. The amounts awarded in malpractice lawsuits can vary.

A medical malpractice lawyer can help you prove the extent of your pain using evidence that is tangible. X-rays and photos, as well as home movies, models and diagrams will help jurors understand the extent of your injuries.

If a negligent doctor caused the death of a victim survivors can seek compensation through the wrongful death suit or statutes. Laws governing wrongful deaths typically permit the spouse and children to claim the same types of compensation as they would've received if the patient had survived. In most cases, however the total amount of damages that a victim is able to collect is limited by a state's damage caps for pain and suffering. This is why it's important to have a knowledgeable medical malpractice attorneys lawyer on your side to fight for the justice you deserve.

Loss of wages

You can get back your lost wages if you miss work due to medical error. This amount includes your base pay commissions, bonuses, employment benefits, pay raises, and retirement fund contributions. Your attorney will examine your pay stubs from the past to calculate your average earnings prior to your injury, and then subtract your absence from work to calculate your total lost earnings. Your lawyer can help you determine the loss you will incur in the future income by using a present value calculation. This is a complicated financial analysis that analyzes the effects of your injuries on your ability to work in the future, and it's typically performed by a professional hired by your attorney.

You can also seek non-economic damages, like suffering and pain due to the negligence. The jury will decide on the appropriate compensation amount for these damages, and it can vary from case to circumstance. Certain states set a maximum amount for these damages. However they have been ruled inconstitutional by a number of courts.

Settlements of seven figures tend to be associated with serious permanent injuries or death caused by extreme healthcare negligence. High-value settlements may be awarded for among other things, surgical mistakes that cause amputations and brain damage to infants or mothers and also anesthesia mistakes that cause comas. In certain cases, punitive damages may be available to punish the bad behavior.

Future medical treatment costs - Damages

In a case of medical negligence the plaintiff can seek economic or non-economic damages. The first is based upon calculable losses like future or past medical expenses. The latter are more difficult to quantify and encompass the pain and suffering as well as the loss of enjoyment of life. In a case of medical negligence the jury has to listen to expert testimony in order to evaluate the damages of these kinds.

It is relatively easy to prove the cost of medical treatment in the past by providing actual bills sent to the person who was injured by their health care providers. The lawyer representing the plaintiff will provide medical evidence to demonstrate what treatments are likely to be required in the future, and what they cost today. The amount of future medical treatment required may be dependent on the age of the victim when they were injured.

The court can award damages for future lost earnings is possible if you can show how the injury has affected the patient's future earning capacity and ability to work. This could be substantiated by expert testimony or by examining similar cases in the past.

Pain and suffering is a broad class of damages that encompasses the physical and psychological discomfort and pain that patients suffer due to medical negligence. This kind of damage is usually based on the statements of witnesses and victims as well as evidence such as photos, videotapes, and written reports.