Medical malpractice occurs when a healthcare professional or medical facility fails to provide the expected standard of care, resulting in harm to the patient. Victims of medical malpractice have the right to seek compensation for their losses, and the law offices of Spar and Bernstein for medical malpractice can help navigate the complexities of these claims.
In New York, there are different types of compensation available, depending on the specific circumstances of the case. This article will explore these types and provide an overview of the compensation landscape for medical malpractice victims in the state.
Economic Damages
Economic damages represent the tangible financial losses incurred by the victim due to the malpractice. These damages can be calculated based on the actual expenses and financial losses the victim has suffered. Examples include:
● Medical Expenses
This covers the cost of medical treatment, surgeries, medications, and other healthcare services required to address the injuries resulting from the malpractice.
● Lost Wages
If the victim is unable to work due to their injuries, they may be entitled to compensation for the income they would have earned during their recovery period.
● Future Medical Expenses
In cases where the victim will require ongoing medical care, they can be awarded compensation for the estimated cost of future treatment and therapy.
● Loss of Earning Capacity
If the victim's injuries prevent them from returning to their previous line of work or diminish their ability to earn a living, they may be compensated for their reduced earning capacity.
Non-Economic Damages
Non-economic damages are intended to compensate victims for the intangible losses they have suffered, such as pain and suffering. These damages are more challenging to quantify as they do not have a direct financial value. Examples include:
● Pain and Suffering
This compensation covers the physical pain, emotional distress, and psychological trauma resulting from the malpractice.
● Loss of Consortium
If the victim's injuries negatively affect their relationship with their spouse or partner, they may be entitled to compensation for the loss of companionship, affection, and intimacy.
● Emotional Distress
This covers the psychological impact of the malpractice, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
Punitive Damages
Punitive damages are awarded in cases where the defendant's actions were particularly egregious or malicious. The purpose of punitive damages is to punish the wrongdoer and deter others from engaging in similar conduct. In New York, punitive damages are relatively rare in medical malpractice cases, but they may be awarded in instances of gross negligence, reckless conduct, or intentional harm.
Wrongful Death Damages
If the medical malpractice results in the death of the victim, their family may be entitled to wrongful death damages. These damages can include:
● Funeral and burial expenses
● Loss of financial support and benefits the deceased would have provided to their family
● Loss of companionship, guidance, and care the deceased would have provided to their family
● Conscious pain and suffering experienced by the deceased before their death
Conclusion
Seeking compensation for medical malpractice can be a complex and challenging process, especially when navigating the various types of damages available. It is essential to consult with an experienced attorney, such as the attorney offices of Spar and Bernstein, who can help guide victims and their families through the legal process and ensure they receive the compensation they deserve.