Determining the amount of damages in a medical malpractice case presents several unique challenges. Some damages are easy to place a dollar amount on—for example, the cost of going to another doctor to have a corrective surgery or the cost of staying in the hospital for another day because of a misread lab report. However, many injuries and damages in a medical malpractice case are much more difficult to assign objective monetary worth.

Determining damages in a Hudson Valley medical malpractice case requires a thorough understanding of the underlying medical issues, but also requires a more qualitative examination of how a case of medical malpractice affects an injured person’s life. Some cases of medical malpractice may leave people unable to work, or suffering from emotional pain and anguish.

A seasoned medical malpractice attorney could explain damages in your case and work to secure the proper amount of compensation for your injuries and losses.

How a Lawyer Determines Damages

When a person has suffered an injury because of medical malpractice, an experienced lawyer will first look to establish liability. After liability is established, a lawyer could then determine a person’s monetary losses, often referred to as damages. An example of liability could be a doctor’s failure to diagnose an injury, disease, or illness.

An attorney may work to determine the damages in a Hudson Valley medical malpractice case by looking at both economic and non-economic costs. This often requires a lawyer to engage in an extensive review of the injured person’s medical history and the events surrounding the alleged medical malpractice.

Lawyers will often work with medical experts, doctors, and insurance companies to determine the true extent of a person’s injuries, as well as the impact the injuries will have on their life.

Is There a Limit to the Amount of Damages That Can be Received?

Unlike many other states, New York does not impose a limit on the amount of damages a person can recover for in Hudson Valley. These limits on medical malpractice cases, known as medical malpractice caps, limit the amount of non-economic damages a person can recover in a medical malpractice action.

Economic vs. Non-Economic Damages

Damages recovered in medical malpractice cases are generally either economic damages or non-economic damages.

Economic damages are those that can be determined with reasonable certainty. This means that a plaintiff will be able to determine an exact monetary amount—or close to an exact amount—of a cost brought on by an incidence of medical malpractice. Economic damages can include medical bills, physical therapy costs, and lost wages from being unable to work during recovery.

How Do Non-Economic Damages Differ from Economic Damages?

Non-economic damages differ from economic damages in that their exact monetary worth is not always clear. Non-economic damages often include pain and suffering, loss of enjoyment of life, loss of future wages, and other emotional injuries.

Benefits of a Hudson Valley Medical Malpractice Attorney

A knowledgeable lawyer could explain to you your rights to compensation and damages in a Hudson Valley medical malpractice case. In addition, a skilled medical malpractice attorney could help you collect and prove crucial elements of your case, in order to ensure your rights are protected and that you receive the compensation you deserve for medical malpractice. If you or a loved one has suffered an injury due to medical malpractice, contact an experienced lawyer today.

Damages in a Hudson Valley Medical Malpractice Case