If you have been injured as a result of a healthcare provider’s negligence in New York, you are likely wondering what compensation is available through a medical malpractice claim. Depending on the unique circumstances of your case, you may be entitled to seek compensation for both the financial hit and the emotional toll the injury has taken on your life. Since every case is unique, it’s important to connect with a knowledgeable New York City Medical Malpractice Attorney who can help you determine what kind of damages you can pursue.
What Are Damages in a Medical Malpractice Lawsuit?
When it comes to medical malpractice claims, it’s crucial to understand that “damages” refers to the compensation victims can seek for losses caused directly by a healthcare provider’s negligence. They are intended to help make the injured party financially whole again after a preventable medical mistake. The exact type and amount of damages available all come down to the specific facts of the case.
What Economic Damages May Be Available?
Economic damages compensate victims for the out-of-pocket financial losses resulting from the injury. They are designed to reimburse victims for measurable financial losses that can be backed by bills, receipts, and wage records. This may include:
- Past and future medical expenses
- Lost wages
- Rehabilitation costs
- Prescription costs
- Reduced earning capacity
- Costs associated with long-term care
- Any other costs incurred because of the injury (childcare, transportation to medical appointments, and household services)
It’s advisable to maintain meticulous documentation of your medical records, bills, and employment records to accurately calculate these losses.
What Non-Economic Damages May Be Available?
Generally, medical malpractice victims are also entitled to seek compensation for their pain and suffering. Non-economic damages, unlike economic damages, compensate victims for subjective, intangible losses that are difficult to quantify. These may include:
- Emotional distress
- Mental anguish
- Inconvience
- Loss of enjoyment of life
- Loss of companionship or consortium
- Permanent disability or disfigurement
Are Punitive Damages Available?
Punitive damages are available in medical malpractice cases. However, they are rarely awarded. Unlike compensatory damages that reimburse victims for actual losses, punitive damages are only awarded in cases of gross negligence, malicious intent, or conscious disregard for patient safety.
What Factors Affect the Value of a Medical Malpractice Claim?
Several factors impact how much a medical malpractice case is worth. There is no single factor that decides the outcome of your case. Instead, the court weighs all the facts to determine an appropriate award. They will look at:
- The severity of the injury
- Whether the damage is permanent
- The cost of future medical care
- The impact of the injury on your career
- The strength of the evidence presented
Every case is unique and medical malpractice cases are complex. Therefore, it’s in your best interest to connect with dedicated New York medical malpractice attorney Mark L. Bodner, P.C. Contact our office today to schedule a confidential consultation.