How Compensation Works in a Medical Malpractice Lawsuit

Jun 25, 2022

If you or a loved one has been the victim of medical malpractice, it is important to understand how compensation works in a medical malpractice lawsuit. In many cases, the doctor's actions are the source of the patient's injuries, which can include pain, suffering, and even death. However, sometimes a physician may be at fault for something that is completely avoidable. This is when a medical malpractice lawsuit can help you recover compensation.

To calculate your compensation, you need to calculate what the future value of your lost earning capacity is. This means figuring out how much your salary would be worth if you were to receive the same amount of money 20 years from now. It's best to seek an expert economist's opinion on this calculation, as it can be difficult to determine the actual value of the future stream of income. Once you have an estimate of your future earning potential, you can calculate the amount of money you'll need to make your salary in the next 20 years.

There are a number of different deadlines for filing a medical malpractice lawsuit. Depending on the type of malpractice, you may have as little as two and a half years from the date of the incident. Nonetheless, you should not wait too long to file a claim. The sooner you file your medical malpractice lawsuit, the better. And remember that some states have shorter statutes of limitations than others. So, if you are a victim of medical malpractice, it's crucial to contact an attorney today.

The compensation you can recover in a medical malpractice lawsuit includes medical expenses such as doctor visits, surgeries, and physical therapy, as well as the cost of assistive aids. It may also cover lost wages or benefits, if the injury caused you to miss work or perform activities you enjoyed before the injury. The damages you receive may also include disfigurement such as scarring, hair loss, or body parts that were surgically removed.

To file a medical malpractice lawsuit, you must show that you suffered an injury as a result of medical malpractice. The statute of limitations for a medical malpractice claim in New York is two and a half years after the act, omission, or failure occurred. This is much shorter than most personal injury claims. The statute of limitations is important, as it helps you prove your claim. If you do not file a lawsuit on time, the malpractice lawsuit will be dismissed.

While medical malpractice claims are handled by an attorney, understanding the process before filing a lawsuit will help you manage your stress and avoid costly mistakes. By identifying hidden mistakes, you can help your attorney collect the necessary evidence and prove that your doctor was negligent. Your attorney will be the best person to handle your case, so you can focus on pursuing compensation. That way, you'll be sure you'll receive the maximum compensation.