Whenever you’re a victim of medical malpractice, you should know that you have rights and you can seek damages. However, you’ll need the help of a medical malpractice attorney to make sure you receive the money you deserve.
Pain and suffering
Those who suffer pain and suffering as a result of medical malpractice may be eligible to receive compensation. However, there are many factors that can affect your compensation. It’s important to discuss your case with a lawyer who can help you determine how much you should be awarded.
In a medical malpractice lawsuit, you are likely to be able to recover for lost wages, medical expenses, and other costs. Depending on the specific situation, you might be awarded a larger sum for a long-term injury or less for a minor injury.
In Indianapolis, there are two methods for calculating pain and suffering damages. One is the Multiplier Method, which adds up economic damages and multiplies them by a number between 1.5 and 5. The other method is the Per Diem method, which multiplies the amount of medical expenses incurred by the victim by the severity of the injury. The results are usually equal to the victim’s daily wage.
Pain and suffering is a legal term for physical and emotional injuries. These include depression, anxiety, and even post-traumatic stress disorder. These problems can prevent the victim from enjoying life. They can also lead to avoidance of certain situations, which can be debilitating.
Other factors that can be considered are the length of time it took to heal, and the extent of bodily functions that were lost as a result of the injury. You can get a better idea of how much you should be awarded for your pain and suffering by talking with a lawyer.
If you or a loved one has suffered from medical malpractice, you can take legal action against the doctor or health care provider who caused the harm. An attorney can explain the differences between a personal injury claim and a medical malpractice suit and tell you how you can get the best financial recovery possible. A free consultation is also available. If you have suffered a loss as a result of medical malpractice, call an attorney today. You can also visit the website of the American Academy of Attorney Attorneys for more information.
Long-term care bills
Having a medical malpractice attorney in your pocket can be a lifesaver if you’re in the unfortunate position of having to pay for your doctor’s errors and omissions. In the grand scheme of things, a malpractice lawsuit can eat up a significant portion of your hard earned cash. A good lawyer will be able to negotiate a fair and equitable settlement. You’ll likely have a much easier time getting your money’s worth, and you’ll feel better about the process.
A good lawyer is also an invaluable asset to your family. In the case of a loved one, the plight of having to pay for their healthcare provider’s mistakes can be a debilitating and unnerving experience. Fortunately, the great medical malpractice attorneys in Indianapolis can assist you with the paperwork and the negotiating.
Punitive damages
During the legal process of a medical malpractice lawsuit, a judge or jury can award punitive damages. These are intended to punish a wrongdoer and discourage other professionals from engaging in similar behavior. However, this type of compensation is rarely awarded.
In order to be eligible for punitive damages, the doctor or healthcare provider must have acted with deplorable behavior, including recklessness, wanton conduct or an act of maliciousness. In addition, the defendant must have acted in a way that intentionally harmed the patient. This can include committing surgery that is not appropriate for the patient’s condition or leaving an instrument in the patient’s body.
Another situation where punitive damages may be awarded is in a case of insurance bad faith. For example, if a company sold a defective product, the defendant is liable for paying any damages resulting from the incident.
In addition, some states have enacted “split-recovery statutes” that allow a portion of a punitive damage award to go to the state. For instance, a plaintiff might receive $500,000 in compensatory damages from a jury and then have the remaining punitive damages adjusted by the judge.
Punitive damages are not usually awarded in contractual disputes. Generally, they are only awarded in cases where the judge or jury wants to punish the wrongdoer.
In a typical medical malpractice case, most of the damages are intended to compensate the injured patient for actual losses, such as medical bills. However, the plaintiff also may seek to have the health and safety procedures of the medical facility suspended or closed.
In the past four decades, punitive damages have not increased. In fact, many medical malpractice reform efforts have capped or eliminated them. In addition, the ratio of punitive damages to compensatory damages has been found to be unconstitutional.
If you are a victim of medical malpractice, contact a personal injury attorney for help securing full monetary compensation for your injuries. Scaffidi & Associates can assist you in receiving the full monetary compensation you deserve.
A doctor can be liable for wrongful touching of patients, failing to provide promised results, or failure to obtain informed consent. For these reasons, it is imperative that you contact a personal injury attorney for a free consultation.
Finding a good lawyer
Getting the right medical malpractice attorney takes time and diligence. You should not settle for the first lawyer you find. You need to research several attorneys before choosing the one you want.
You need to find a lawyer who has experience in cases similar to yours. If you have friends or family members who have been involved in a malpractice case, they may be able to provide you with a referral. You can also ask your primary physician for a list of lawyers in your area.
You can also contact the state bar association to learn about the qualifications of the attorney you are considering. These organizations list attorneys by state and offer information about disciplinary actions, awards, and other recognition.
You should also ask about the number of cases the attorney has handled and the settlements won. Some attorneys may not have enough time to devote to your case, and will instead hand it off to paralegals or assistants.
You should also check with your local bar association to see if they have a list of medical malpractice attorneys in your area. These agencies may also offer you a free lawyer referral service.
You should also search for attorney websites and read reviews. These sites should have a section with information about the attorney’s education, work history, and other details. Some sites may even post news items about a medical malpractice settlement or a successful trial.
It is a good idea to ask the firm if they can handle the case on a contingency fee basis. This means that the attorney will receive a percentage of any judgment or settlement.
You should also ask if the attorney will be available for an interview. Some attorneys prefer to have face-to-face meetings with their prospective clients. Then you should ask if the firm will cover any court filing fees or document preparation.
Finally, you should ask about whether or not the firm covers expert witnesses. You should also make sure that the attorney’s staff is qualified to handle complex medical records. If they cannot, you should consider finding a new attorney.
