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People place their health and their trust in medical professionals every day. Doctors, nurses, dentists, and other medical professionals owe their patients the best possible treatment. Patients trust them to provide professional services in a careful and competent manner. When something goes wrong because a healthcare provider has been negligent, patients can seek recourse through a malpractice lawsuit.
Nearly one hundred thousand deaths in the U.S. each year are caused by preventable medical errors. Many times more people suffer severe and permanent injuries as a result of medical malpractice. Without medical malpractice lawyers, these numbers likely would be much higher.
Medical malpractice injuries and illnesses are usually caused by delay of treatment, incorrect diagnosis, delays in diagnosis, performing incorrect procedures, or performing procedures without a patient’s consent. These errors in judgment or performance can lead to conditions much more serious than those that led the patient to seek medical help in the first place.
Some of the most common injuries that medical malpractice attorneys encounter in their work include brain injuries, paralysis, scarring, blindness, organ damage or organ failure, coma, or severe infections that require amputation of one or more limbs.
To prove that a doctor or hospital is liable for injuries, our trial attorneys devote many hours to investigating the claim, deposing witnesses, examining documents, and constructing trial exhibits. We uncover the actions, mistakes, and misdiagnoses that lead to the injury. We focus our efforts first on finding out what went wrong, and then on developing the clearest manner of explaining to a judge and jury, as well as our clients, what went wrong. By this careful examination of medical records, examination of hundreds of pages of depositions, and consultation with the nation’s leading medical authorities, we seek to identify the mistakes and prevent them from occurring again.
Our medical malpractice lawyers focus on taking care of our clients, who usually need lifelong services as a result of their injuries. We seek to provide our clients with access to the best medical care and the best medical technology to live as full a life as possible. For families who have lost loved ones and breadwinners, we seek to provide the financial security that was lost as a result of medical malpractice.
When someone suffers harm due to medical malpractice, they may be entitled to compensation with the help of a New York, NY medical malpractice attorney to represent their case. But what types of compensation can you expect to receive when you file a medical malpractice lawsuit? Learn about some of the factors that will determine the amount of compensation you can expect to receive, and then contact a lawyer today at Blitz Law Group, LLP for help.
Economic damages are intended to compensate for any economic losses associated with a medical malpractice case. This could include medical bills, lost wages, loss of earning capacity, and other expenses associated with the injury or illness caused by the malpractice. These damages are generally easier to prove since they are based on tangible costs.
Non-economic damages are awarded to compensate victims of medical malpractice for losses that do not have a concrete dollar value. Common non-economic damages include pain and suffering, mental anguish, disfigurement, and loss of enjoyment of life. These types of losses are not easily quantified, so it can be difficult to determine an exact award amount. The law recognizes that these types of losses can be devastating and lasting. Therefore, non-economic damages are usually much higher than economic damages. Victims of medical malpractice may be eligible to receive compensation for their physical pain and suffering, as well as emotional distress, humiliation, or any other psychological or emotional injuries caused by the malpractice. When considering the amount of compensation you may be eligible for, a court will take into account the severity and duration of your injury, how it has impacted your ability to enjoy life, how the injury has affected your relationships with loved ones, and any other factors that can help determine an appropriate award.
Punitive damages are designed to punish and deter defendants from engaging in negligent or reckless behavior, and they do not aim to compensate the victim for any financial losses they may have incurred. Punitive damages are usually awarded when the defendant’s negligence was particularly egregious, or intentional. In New York, punitive damages are capped at three times the amount of compensatory damages awarded to the plaintiff. To be eligible for punitive damages, plaintiffs must show that the defendant acted in an intentional or reckless manner and that their actions were either malicious or showed a willful disregard for the safety of the plaintiff. A New York medical malpractice attorney can walk you through how this would work in more detail.
Unfortunately, compensation amounts from these types of cases are not always cut and dry. The court will also look at the following factors when determining how much to award you:
Talk to a lawyer today to learn more about these factors and if they apply specifically to your case; reach out to a New York medical malpractice attorney at Blitz Law Group, LLP immediately.