How Do You Calculate Medical Malpractice Damages

It's sometimes difficult to put a price on the damages that are caused by physician negligence.

Hospital mistakes can end up costing millions of dollars in terms of medical bills and treatments that will be needed into the future. There are also cases where malpractice ends up putting somebody out of work for an extended period of time or even permanently.
When that person could have been reasonably expected to have brought home a certain amount of money over the course of their life, medical malpractice lawsuits sometimes include this (diminished earning capacity) among the damages. There are other things that are considered in damages, as well.

Medical Malpractice Damages

Medical Malpractice Damages

Types of damages.

Pain and suffering are usually added to the damages sought in a medical malpractice claim. For somebody without any legal experience, coming up with an amount of money that represents a certain amount of pain and suffering can be difficult. There are entirely rational ways that this can be done, however.
If somebody is in a great deal of pain they oftentimes end up not being able to go to work. Therefore, that pain would've cost them at least the amount equivalent to their lost wages when they were kept away from their occupation. There are other ways that lawyers calculate the amount of money that should be sought for any given type of suffering, as well.

Speaking with an attorney.

Even if you're not sure about hiring a lawyer (which will cost you nothing out of pocket), it's beneficial to at least seek out a free consultation in order to cover your bases. When you speak with an attorney about filing a medical malpractice claim, they will need to come up with a figure that you are seeking before they can actually file a claim.
In order to file a medical malpractice claim, a doctor has to have breached their legal duty to you, you have to have been injured, and you have to be seeking a certain amount of money in compensation for your injuries. Your attorney will help you determine whether or not a doctor failed in their duty to protect you from unreasonable harm.
Filing a medical malpractice claim is just as complex as determining whether or not you even have a medical malpractice claim to begin with. This is why you want to make very certain that you have an excellent attorney representing you. A good attorney will make certain that your case has the best chance of winning. Neither your attorney nor anyone else can guarantee that your case will win, but a good medical malpractice attorney will pursue your case for you and not charge you any legal fees unless you do win a settlement or jury award.

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Disclaimer: As a valued member of the Dallas community, Rasansky Law Firm’s goal is to improve the safety of all residents in the great state of Texas. These posts should not be viewed as a solicitation for business and the information included herein should not be taken as medical or legal advice. The photos used in this post are not representative of the actual crash scene.

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