After experiencing a medical professional’s negligence firsthand, you may suffer physical pain or even more long-term or permanent types of bodily injuries. But what’s more, these painful injuries may drastically alter and diminish the quality of life you were accustomed to. This is not to mention you are likely emotionally traumatized after placing your wholehearted trust in a medical professional and ultimately having them betray you in such a devastating manner. At the end of the day, there is likely no question that you need counseling to address and treat your newly developed mental health concerns. In this case, please follow along to find out whether you can receive financial compensation for your necessary mental health counseling and how a proficient New York City medical malpractice attorney at Mark L. Bodner, P.C., can help you get what you deserve.
What is emotional distress in a medical malpractice claim?
In the legal context, emotional distress is the psychological harm a plaintiff may experience due to the defendant’s wrongful actions or negligence. This distress may manifest into mental health concerns such as anxiety, depression, or post-traumatic stress disorder. Further, such diagnosed conditions may severely impact a plaintiff’s life. For example, they may now fear submitting themselves to healthcare aid from other medical professionals. Or, they may experience debilitating symptoms such as insomnia, withdrawal from loved ones and social settings, etc.
Can I be financially compensated for mental health counseling through my medical malpractice claim?
Say you believe you have a solid case for citing emotional distress in your medical malpractice claim. This means that your current mental state may be critical enough that you require professional aid. And so, seeking recovery for current and future mental health counseling sessions may go hand in hand. To be successful in this, you must prove to the New York civil court that treatment from a psychiatrist, psychologist, or licensed therapist is reasonable and medically necessary. This may be supported through testimony from mental health experts.
Then, you must establish the direct link between your diagnosed mental health condition and the medical malpractice incident in question. Again, a mental health expert can help explain how common it is for such an event to stir up emotional distress and harm. But also, in an effort to maximize your financial compensation, you should specify that you did not have a pre-existing condition that was aggravated by this incident, but rather it was newly diagnosed. You may confirm this by bringing forward records of your full medical history.
The last thing we would like to say is that, if you are struggling mentally, you should not wait for your case to be settled or ruled upon to seek professional help. You should go to individual therapy, group therapy, cognitive behavior therapy, or trauma-focused counseling now, and we will fight to get this compensated for you later on. To conclude, before you step into a New York civil courtroom, you must seek a talented New York City medical malpractice attorney to stand by your side. Please contact our office, Mark L. Bodner, P.C., as soon as you are ready.