Compensation for Medical Malpractice

Once liability for your injuries has been established, you are entitled to claim damages. The amount of damages that plaintiffs are able to claim varies enormously from case to case. ‘Damages’ in medical malpractice cases can include compensation for medical bills, for wages lost as a result of time taken off work, as well as damages for the pain and suffering you have experienced, or continue to experience. Damages aren’t limited to expenses and other losses suffered in the past, but can also be paid for future losses such as future medical expenses and wages lost in the future as a result of your medical malpractice injury.

Different Circumstances

There is a common misconception that similar or the same injuries suffered by two different people will tend to attract comparable settlements. This is not the case. Even if two plaintiffs were the same age, had similar backgrounds and suffered exactly the same injury, the ways in which their lives are affected and the extent to which they suffer could be completely different. For example, two men could injure their hands in similar accidents that caused damage requiring reconstructive surgery. As a result of negligence the surgery causes both men to lose the use of their left hands. If one is a professional violinist, and the other is an accountant, it follows that the damages for the violinist would be higher than those paid for the accountant, because the accountant is able to continue working at his profession, although impeded to a certain extent by his injury. The violinist is not able to perform again, and as such his career is over.

Assigning a Value to an Injury

It can be difficult to put a monetary amount on the loss suffered by an injured party. However, damages can be claimed for physical and mental pain and suffering, inconvenience, loss of love/relations/comfort with your spouse and for the loss of enjoyment of life sustained as a result of the injury. Similarly, damages can be paid to compensate a patient’s family for loss of companionship, affection, care and love that they are denied as a result of the patient’s injury. In a large number of states there are upper limits on the amount of damages that can be paid to injured persons in medical malpractice claims.

Your medical malpractice attorney will look at the particular facts of your case and consider medical reports, the evidence of witnesses and the extent of your injuries in light of other similar cases. They will also be able to advise you about the rules relating to damages in your state, and the amount of the award that you may expect to receive. As there are strict timescales in relation to medical malpractice claims, it is wise to consult an attorney without delay.

If you or someone you love may have been injured by a medical professional, consult with a medical malpractice lawyer near you to discuss your case and find out if you are eligible for compensation.
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