Understanding Your Rights to Medical Malpractice Compensation in New York

Medical malpractice lawsuits can result in a variety of losses, including expensive medical care, lost income, and other damages that are not economic like pain and suffering. A licensed New York attorney can help you learn about your rights to a fair settlement.

The first step is to determine if you sustained injuries as a result of a medical mistake. Then you can proceed with 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 provider. Some states have also set up injured patient compensation funds in order to cover the perceived costs of litigation, and also help providers reduce their liability insurance cost.

In addition to medical expenses, victims are entitled to compensation for other expenses caused by the negligence. These are referred to as special or economic damages. These include the cost of medical services (past or future) required to treat the injury caused by the negligence as well as any income lost due to being in a position of being unable to work.

In medical malpractice cases, pain and suffering damages are also typical. The amount of damages for pain and suffering is subjective and could vary dramatically between different plaintiffs. This includes emotional distress, physical pain as well as other non-physical consequences of the malpractice. A plaintiff, for example could be compensated if an error by a doctor that caused her not to attend a crucial cancer screening.

Additionally, punitive damages are also possible in some cases. These are intended to punish an individual doctor for a particularly reckless behavior, like leaving a sponge in the body of a patient after surgery.

Pain and suffering

In medical malpractice cases the pain and suffering of the victim is a type non-economic damages. The damages cover the physical and psychological trauma the victim endured as a result the negligence of a doctor. The symptoms could be minor such as discomfort or anxiety or they may be more serious like a loss of pleasure in life, depression, embarrassment and anxiety.

It's difficult to establish an amount of money on suffering and pain, therefore jury instructions typically leave it up to the jurors to use their own judgment of their background, experience, and knowledge in determining what they think is fair and reasonable. The amount of compensation awarded in malpractice attorneys suits vary widely.

Your medical malpractice lawyer can help you demonstrate the extent of your suffering through evidence that is tangible. Photographs and X-rays along with home models, movies and diagrams can help a juror understand the extent of your injuries.

If a doctor's error resulted in the death of a patient, heirs could be able to recover damages through the survival statutes or lawsuits. Laws governing wrongful deaths allow the spouse and children of the deceased victim to receive the same amount of compensation they would have received if the patient had survived. The amount the victim can collect is usually limited by the state's caps on pain and suffering. It is essential to have an experienced medical malpractice lawyer by your side to pursue the compensation you deserve.

Lost wages

You can get back your lost wages if you miss work because of medical malpractice. This includes your base pay commissions, bonuses and employment benefits, as well as raises in pay, and retirement fund contributions. Your lawyer will review your past pay stubs and determine your average earnings prior the accident. Then, subtract your missed work from that amount to calculate your total lost wages. Your lawyer can help you determine your future loss of income by using a present value calculation. This is an analysis of finances that looks at the effects of your injuries into the future on your ability to earn a living. This is usually done by a professional who is hired by your attorney.

There is also the possibility of recovering economic damages, such as pain and suffering due to the negligence. The jury will determine the appropriate compensation amount which may differ from case to case. Certain states set a maximum amount for these damages. However, they have been declared unconstitutional by several courts.

Seven-figure settlements are typically associated with serious permanent injuries or deaths associated with extreme healthcare negligence. For example, surgical mistakes resulting in amputations, obstetric errors leading to infant brain damage and death, and anesthesia mistakes that cause comas could all be the reason for high-value settlements. In certain situations there may be punitive damages available to punish bad behavior.

Future medical treatment costs - Damages

In a medical malpractice lawsuit there are two kinds of damages a plaintiff can seek: economic and non-economic damages. The former are based upon calculable financial losses, such as past and future medical expenses. The latter is more difficult to quantify, and covers pain and suffering as well as loss of enjoyment. In a case of medical negligence the jury will listen to expert testimony in order to evaluate these kinds of losses.

It is fairly simple to prove medical expenses from the past by submitting actual bills that were sent to the injured person by their health medical professionals. The attorney for the plaintiff will submit medical evidence to prove what treatments are likely to be needed in the future, and how much they will cost in the present. The amount of future medical treatment needed can be affected by the victim's ages at the time of malpractice.

Proving damages for future lost earnings is possible if you can show how the injury affected the patient's future earnings capacity and ability to work. This can be substantiated by expert witness testimony or by examining similar cases in the preceding.

Pain and suffering is a broad term that refers to the physical and mental discomfort and suffering which patients suffer because of medical negligence. This kind of injury is typically based on the testimony of witnesses and victims as well as evidence such as photographs or videotapes, as well as written reports.