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When a healthcare professional’s negligence causes serious harm, the consequences can be physically, emotionally, and financially devastating. Patients who are victims of medical malpractice have the right to pursue compensation, known legally as “damages,” to help them rebuild their lives. Of course, there is a process of determining exactly which damages are granted in these cases.
Understanding what damages are available, how they are calculated, and the challenges involved in securing them is essential for anyone considering legal action after medical malpractice. Even if you hire a medical malpractice lawyer, there are a few things you should know about damages in The Bronx medical malpractice cases.
Economic damages compensate for measurable, financial losses that the injured person has suffered due to medical malpractice in The Bronx. These include medical expenses, which cover past and future medical costs associated with an injury. For example, if a surgeon leaves a foreign object inside the patient requiring multiple corrective surgeries, all the related medical bills may be recoverable.
Economic damages also include lost wages and lost earning capacity. A person who cannot return to work or who is forced into lower-paying jobs because of disabilities may seek damages for lost income. For instance, a nurse who sustains a hand injury from a surgical procedure may no longer be able to work in the medical field. They may recover future lost earnings as a result.
Non-economic damages are intended to compensate for losses that are more subjective and harder to quantify. For instance, pain and suffering include physical pain, emotional distress, and psychological trauma. For example, a patient permanently disfigured by an anesthesia error could recover damages for the ongoing pain and emotional turmoil associated with their condition.
Patients may also recover damages for lost enjoyment of life. If the injury prevents the victim from participating in hobbies, sports, or other activities, they may seek compensation for this loss. There is no statutory cap on non-economic damages in medical malpractice cases, unlike in some other states. This means that juries in The Bronx have broad discretion to award medical malpractice damages they deem fair based on the evidence presented.
Punitive damages are not meant to compensate the victim but rather to punish particularly egregious or reckless conduct and deter similar actions in the future. They are awarded rarely and typically require proof that the healthcare provider acted with malice or gross negligence. An example might be a case where a physician knowingly falsifies patient records to cover up a fatal surgical mistake.
Several factors affect the amount of damages awarded in medical malpractice cases, including the severity and permanency of the injury. The jury will also consider the age and health of the victim and the potential impact of the injury on their employment opportunities. The quality of evidence, including medical records, expert testimony, and bills, will play a role in the jury’s assessment of damages as well.
Working with an experienced attorney ensures that damages are properly calculated and aggressively pursued. An attorney could also advise on whether to settle a case or proceed to trial based on the strength of the claim and the defendant’s willingness to negotiate. Call an attorney from Duffy & Duffy today to discuss damages in The Bronx medical malpractice cases right away.
After years of serving New York–including the Bronx, Queens and Nassau, Suffolk and Kings Counties–, we are confident our injury lawyers can assist you with your claim. We are well respected by our clients, who appreciate not only the outcomes we’ve provided but also the care in which we resolved their cases. As you can see from our successful settlements, we offer excellent results, though the outcome varies depending on the case. Regardless of your case details, you can rest assured our Long Island car accident attorneys will always fight for you as you seek compensation to pay for medical bills, vehicle repairs and more. You deserve to be made whole again after your accident, and Duffy & Duffy is here to help.
No. Our injury cases are handled on a contingent retainer. You pay nothing upfront, and we recover attorney’s fees only if your litigation is successful. We don’t bill by the hour. You don’t need to worry about running up a large attorney’s bill before you see any recovery for your injuries.
Yes. Our firm is dedicated to creating a strong relationship with our clients, beginning with keeping your information and consultation confidential.
Each case we encounter is carefully screened and evidence scrutinized to make sure the claim is meritorious and may be successful at trial. We will perform an investigation, and then our partners make a final decision on whether to take on a case.
