It may be considered medical malpractice if your treating physician is delayed in giving you the right diagnosis, and you experience pain for several extra days, weeks, or months without the proper medication. But at the same time, it is also malpractice if your physician misdiagnoses you entirely, until it is too late for any medical intervention to cure your condition fully. As you can see, these are two different degrees of malpractice that, if brought to the New York State civil court, may result in varying monetary awards. That said, please read on to discover whether your financial compensation depends on the seriousness of your claimed injuries and how a seasoned New York City medical malpractice attorney at Mark L. Bodner, P.C., can fight on your behalf for a fair and reasonable payout.
For my medical malpractice claim, does my compensation depend on the seriousness of my injuries?
Yes, the deduced seriousness of your injuries incurred by medical malpractice may heavily influence the amount of financial compensation the New York State civil court decides to award you. This is because, for one, the more severe your injuries are, the more expensive your medical treatments may be. This may be the difference between one overnight stay at a hospital and multiple surgical procedures, for example.
Subsequently, the more exhaustive your prescribed treatment plan is to correct the negligent medical professional’s mistakes, the more time you may need to take away from work. This may translate into significant lost wages. Or, worse, a diminished earning capacity if the effects of your injuries permanently restrict you from performing the same tasks or working in the same field ever again.
In mentioning the long-term consequences of your injuries, you may experience chronic pain or, sadly, be diagnosed with a permanent disability. This may require you to invest in expensive handicap assistive devices or even hire long-term, at-home care. This is not to mention the possible necessity of renovating your home with necessary handicap modifications and purchasing a handicap-accessible vehicle.
Besides the seriousness of my injuries, what other factors determine my financial payout?
Second to the seriousness of your claimed injuries, the New York State civil court may also consider the associated non-economic damages. That is, the more severe your injuries are, the more physical pain and emotional suffering you may experience. By being unable to get past this, you may subsequently endure a far more diminished quality of life and a great loss of enjoyment of life, among other horrible things.
And so, your legal representation may help you pick a factor between one and five to assign to the extent of your intangible non-economic damages. Say the court agrees that your non-economic damages are five. Well, they may multiply your claimed economic damages by five to decide on your final financial payout. This may have your compensation convert from $100,000 to $500,000, as an example.
Understandably, this may all seem like a headache during this especially overwhelming time. Well, to alleviate some of the pent-up stress, please turn to the legal aid of a competent New York City medical malpractice attorney. Contact our office, Mark L. Bodner, P.C., right now; someone will be more than happy to speak with you.