How do You Determine the Value of Medical Malpractice Claim?

How do you determine the value of a medical malpractice claim?

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Question:

A former doctor failed to diagnose my MS and now I have several medical complications due to that delay. I'm considering a medical malpractice claim, but want to know whether it is feasible to bring a suit. What goes into determining the value of a malpractice claim?

Answer: (1)

There are several factors to consider when pursuing a medical malpractice suit:

Injury

Logically, the more severe the injury, the greater the compensation, especially in cases of disablement and disfigurement. In cases of the patient's death, a third party may recover for that death.

Out-of-pocket costs

Additional medical expenses arising from the malpractice will be considered when determining the compensatory award. Out-of-pocket expenses may include the costs of medical equipment or any home structural changes that have to be made to accommodate the injured plaintiff.

Lost wages

Time and wages lost from work due to the malpractice injuries will also be calculated into the compensation. Factors such as current salary and in some cases, the loss of future earnings, will be considered.

Pain and Suffering

Although pain is basically incalculable, the severity of the injuries that result in the pain will go into the estimation of the overall award.

Compensation caps

Some states have a ceiling on how much compensation any plaintiff can be awarded for pain and suffering due to medical malpractice. Those with the severest injuries are often awarded the maximum amount, which is determined by statute.

To determine the value of your claim, consult with an attorney experienced in medical malpractice law.

References:

Posted by Sharon Cullars on 15 Apr 2010

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