When you suffer an injury from a medical error, it can change your life in profound and permanent ways. A New York Medical malpractice lawyer can help you fight for the financial compensation that you deserve to cover expenses and acknowledge your suffering. This article will highlight the main types of damages you may be able to claim in your case, as well as some factors that could affect the amount of money you receive should you win your lawsuit.
The first type of damages you might be able to claim is the reimbursement of your medical costs. This includes the cost of any hospitalizations you had to undergo due to the medical error, as well as any medication or treatments that you had to pay for because of the negligence. It is also possible to claim compensation for any future medical care that you might need because of the error, and your attorney will be able to use expert witness testimony to calculate how much this could cost.
Another area of damages that you might be able to claim is loss of earnings. If the medical error caused you to miss work, whether it was a full or partial period of time, then your attorney can help you claim the equivalent of your lost wages. You may also be able to claim any missed bonuses or commissions that you would have earned but for the defendant’s actions. It is also possible to claim any anticipated future losses of earning capacity if your medical error will prevent you from returning to the occupation that you held before, or at least prevents you from working as hard as you did before.
Sometimes, a medical error will cause an injury that is so severe that it can be considered punitive in nature. In these cases, the jury will often award a significant sum to compensate you for the harm that you suffered, and to send a message to others who engage in similar behavior.
One of the most important factors that your New York medical malpractice lawyer will consider when assessing your case is the causal connection between the breach of standard of care and the injury that you suffered as a result of it. It must be proven that the doctor deviated from the expected quality of care and that the deviation actually caused your injury. The law refers to this as direct causation or proximate cause.
The laws in New York tend to favor doctors and insurance companies, so it can be extremely challenging for injured patients to get the compensation that they deserve. This is why it is so crucial to enlist the help of an experienced New York medical malpractice lawyer. Your lawyer will be able to level the playing field with the big insurers, giving you a better chance of winning your case and obtaining the financial compensation that you need. If you have been harmed due to the negligent actions of a healthcare provider, then contact Torgan Cooper + Aaron today to discuss your potential case with our experienced New York medical malpractice lawyers.