No two medical malpractice cases are the same. As such, the compensation you can claim as a victim of medical malpractice varies depending on the prevailing facts. It all boils down to the harm you suffered, otherwise known as damages.
Did you incur additional costs to treat the harm caused by the malpractice? You might need extensive hospital care, preventing you from being able to keep working. As a result, you may miss out on wages and other work benefits that, among other financial losses, should form part of your settlement package.
Non-economic damages are equally crucial
You ought to be compensated for the emotional and physical pain caused by your injuries. If your injuries lower your quality of life by affecting your relationship with friends or loved ones or preventing you from engaging in your hobbies, you deserve compensation. Some other non-economic damages include loss of consortium, disfigurement and inconvenience brought by your injuries.
New York has no damage caps for medical malpractice claims
Unlike other states that limit the amount of recoverable compensation, it is not the case in New York. You can claim all damages as long as they can be proven without worrying about damage caps. It is little surprise that New York has one of the highest medical malpractice payouts per capita, according to a 2018 report.
Getting the settlement you deserve
Medical malpractice cases are sometimes not so straightforward. Things can get complicated, especially when proving the element of negligence. Therefore, you need to have skilled and experienced minds in your corner.
Legal representation can make all the difference in your claim. With the correct guidance, you can determine what you need to do and the pitfalls to avoid, thereby increasing your chances of a successful outcome.