Medical Malpractice - What's My Case Worth?

In the legal world, this is known as "Damages." "OK, so how much are my "Damages" worth?"

Before any good New York medical malpractice lawyer gives an answer, he'll need to know many things. Let's start off with "Special Damages" or what you would call "Out of Pocket Damages" or economic damages.

SPECIAL DAMAGES:

Your lawyer will ask about your bills from doctors, ambulances, hospital admissions, private nurses, medications, medical supplies, travel and lodging arising from the need for additional medical treatment, wheelchairs, walkers, prostheses, handicapped-accessible van, and future medical expenses for ongoing medical problems.

Other damages your lawyer looks at include the cost to pay for household help, lost wages, lost work benefits, future losses, loss of earning capacity, increased cost of living, special training or occupational therapy you may need because of your injuries, and property damage, if any.

PAIN & SUFFERING:

Here is a term that's often heard, and often mis-understood. This is an intangible item of damages that has no set amount. It's different for every person, and for every case. Nevertheless, a jury will be permitted to make an award for your 'pain' and the suffering it caused from the time of the medical malpractice until the time of the verdict. The jury will also make an award for future pain and the suffering you are likely to endure for the remainder of your life. Your lawyer will either ask the Judge to take notice of your expected life expectancy, or have a medical expert talk about your life expectancy. This way, the jury will be able to make an award for future damages for the duration of your expected lifetime.

Contained within this award for past and future pain and suffering is something called "Loss of enjoyment of life." This means that you have been deprived from your everyday life and are therefore permitted to be compensated for it. New York law does not allow a separate award for this aspect of your claim. It's included within any pain and suffering award that is made for you.

If you are married, your spouse is entitled to an award (called loss of consortium, or loss of services) for all the effort he or she has made to care for you as a result of your significant injuries.

Importantly, your lawyer will want to know which of your injuries are visible, and which are not able to be seen? He will want to know how you felt immediately after the event and how you have felt since the malpractice until today. He will want to know what medical and psychological treatment you have received for your pain, suffering and disabilities arising from the malpractice. He will also want to know what your treating doctors have said about your prognosis (your future medical condition). Will you get better? Will you get worse over time? What treatment is available to you to correct your problem?

A good lawyer asks whether you have feelings of sorrow, anxiety, humiliation, anger, frustration, and even fear when thinking about your injuries. Just as important, your lawyer will need to know how your injuries have affected you in your daily life. Are you able to participate in sports, gardening, housework, woodworking, playing musical instruments, playing with your kids, cooking, cleaning, doing the laundry, ironing, washing the car, yard work and similar daily activities that you previously did without worry.

Have you had to abandon your social life and vacations? Have your club activities or charitable and social activities changed? Are you still able to dance, go to cultural events like shows or plays or even go to museums? Can you still babysit and help your friends in need? Can you go to church, temple or other religious activities?

It is only after you have discussed these items with your lawyer, in depth and in detail that your lawyer should be able to tell you what your medical malpractice case is worth- at least in general terms. Be wary of the lawyer who guarantees that your case is worth "X" dollars, since it's impossible to ever guarantee an outcome, regardless of the true value of your case.

In my opinion, being informed about your legal options is the best thing you can do to help yourself understand your case. A good lawyer is your guide to understanding your options. Only then can you make informed choices about your injuries and the value of your case.

Attorney Oginski has been in practice for almost 19 years as a trial lawyer practicing exclusively in the State of New York. Having his own law firm, he is able to provide the utmost in personalized, individualized attention to each and every client. In our office, a client is not a file number. Client's are always treated with the respect they deserve and expect from a professional. Mr. Oginski is always aware of every aspect of a client's case from start to finish.

Gerry represents injured people in injury cases and medical malpractice matters in Brooklyn, Queens, New York City, the Bronx, Staten Island, Nassau and Suffolk Counties. You can reach him at http://www.oginski-law.com, or 516-487-8207. All inquiries are free and totally confidential.

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Medical Malpractice - A Battle of the Experts

The law in Virginia requires that, in most cases, the patient must have credible medical experts testify on their behalf at trial in order to be successful. The fact that the patient suffered a tragic and unexpected or unexplained outcome is not sufficient to prove the case. At Frith Law Firm we are “experts” at finding experts. After we have closely reviewed our client’s medical records we conduct our own research of the available medical literature to learn every step of the surgical procedure or treatment of the disease at issue. Throughout the many years of our experience in the area of medical malpractice, we have established a working relationship with numerous nurse and physician experts throughout the United States. We have worked with experts from Virginia, North Carolina, South Carolina, Florida, Mississippi, Washington, D.C., Maryland, Pennsylvania, New York, California, Georgia, and Rhode Island among other states. These experts work and teach at some of the most prestigious medical schools in the United States including:

University of Virginia Health System
Medical College of Virginia
Georgetown University School of Medicine
Carolinas Medical Center
Duke University Medical Center
Brown University Medical School
University of Mississippi Medical Center
East Carolina University School of Medicine
University of Pittsburgh Medical Center
University of Miami School of Medicine
Mount Sinai Medical Center (NY)

These experts are medical specialists in the areas of:

Obstetrics
Gynecology
General Surgery
Hematology
Oncology
Neurology
Neurosurgery
Geriatrics
Emergency Medicine
Neuro Radiology
Vascular Surgery
Orthopedic Surgery
Anesthesiology
Neonatology
Urology
Pharmacology
Cardiology
Family Practice
Pediatrics
Radiology
Spine Surgery
Pulmonology
Internal Medicine
Pediatric Surgery
Colo Rectal Surgery
Bariatric Surgery

We locate the expert who is right for your case and provide that medical professional with all of the resources they need to assist us with an honest and forthright opinion on the merits of the case. We discuss with each client, in detail, all of the reviewing experts’ opinions and anticipated testimony. We work hard to find just the right medical expert to support your case.

Dan Frith is an attorney with Frith Law Firm in Roanoke, Virginia. He concentrates his practice on medical malpractice, nursing home abuse, nursing home neglect, lead paint poisoning, and business torts.

You may view his complete profile at http://www.frithlawfirm.com/frith.htm and the firm’s home page at http://www.frithlawfirm.com

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