Medical Errors

What Compensation Can You Get in a Medical Malpractice Case?

Victims of Medical Malpractice Are Entitled to Numerous Damages

When medical negligence leads to injuries, the results can be devastating. Many victims sustain disabilities or even die. Victims of medical malpractice in New York have the right to seek compensation through a civil claim. This guide will help break down the many types of compensation that are available to victims of malpractice within the state.

Economic Damages

Medical malpractice victims are able to seek damages for financial losses that they incur. A few examples are listed below.

  • Medical Expenses: Injured parties are able to recover for the cost of corrective surgeries, therapy, medications, and all the ongoing care necessary to correct malpractice.
  • Lost Wages: Victims of medical malpractice may need to take extensive periods of time away from work. They are able to recover compensation for all of that lost income.
  • Reduced Earning Capacity: Certain injuries may be so serious that they impair a person’s ability to perform their job the same way that they used to. This could impact their future earning capacity.

It is important that accident victims do not settle quickly after any accident. They will simply not be in a good position to judge all of the ways that an injury may affect them. In many cases, injuries can worsen over time.

Non-Economic Damages

Many of the injuries associated with medical malpractice are intangible and affect a person’s quality of life. Some of these intangible non-economic losses include:

  • Pain and Suffering: Compensation is available for all the physical pain that victims suffer as a result of any injury.
  • Emotional Distress: Much of the suffering that people go through after an injury is psychological. Compensation is available when any injury causes anxiety, depression, or a loss of enjoyment.
  • Loss of Consortium: Victims are able to receive compensation when an injury impacts their relationship with a spouse.

There are no hard and fast rules with respect to the value of non-economic damages. It is important to have a skilled attorney that can put your case in the best possible light so that you can receive the most compensation for non-economic damages.

Wrongful Death Claims

If a medical malpractice case results in a death, the decedent’s family is able to receive numerous forms of damages through a wrongful death claim. Surviving family members may be entitled to:

  • Funeral and burial expenses
  • Medical expenses that accrued prior to a death
  • The lost income the decedent would have made
  • Compensation for a loss of companionship and support

It can be hard to know where to begin after losing a loved one due to the negligence of a hospital. To make matters worse, these institutions will virtually never accept responsibility for what happened.

Punitive Damages

In certain cases, a court may choose to award punitive damages if a defendant’s conduct was particularly egregious. This may include situations where a hospital’s actions were considered deeply reckless. It could also include situations where misconduct was widespread.

Getting Legal Help After Medical Malpractice

Have you or someone that you care about been the victim of medical malpractice in New York or New Jersey? You may be entitled to financial compensation. Our team of medical malpractice attorneys at GLK Law is here to support you. We are committed to helping victims recover and holding hospitals accountable for their misconduct. Whether you just have legal questions or would like an attorney to help with your medical malpractice case, we are here to serve your needs. You can reach out to us anytime at (516) 908-9792.

Jeff S. Korek, Senior Trial Partner

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