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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