(845) 802-0047Medical malpractice cases can be very intricate and involve detailed evidence and expert testimony about medical and surgical procedures. In-depth knowledge of specific medical conditions and treatments also is likely essential to presenting a plausible claim in a medical malpractice case. By enlisting the help of legal counsel to represent your interests, you may be better situated to recover the damages in a Kingston medical malpractice case that you deserve.
Although most medical malpractice cases settle outside of court, those that do proceed to trial are unlikely to succeed without intervention by an experienced personal injury lawyer. Medical malpractice legal counsel could evaluate the evidence in support of your claim and determine the best approach to take in your case.
What Are Medical Malpractice Claims in Kingston?
Medical malpractice happens when a doctor or another healthcare professional fails to exercise reasonable care based on the circumstances that results in harm to patients. The standard of care for a medical professional in a specific area of medicine and a particular situation can vary widely. However, when individuals suffer injuries as a result of medical malpractice, they may have a claim for damages against the responsible parties, including doctors, pharmacists, nurses, hospitals, and more.
Claims based on medical malpractice typically rest on the opinions of medical experts who can establish how the defendant healthcare professionals should have acted in a specific situation. These experts also can give an opinion about whether the action or inaction of the professionals rose to the level of care required under the circumstances. The educated statements of these experts can have a significant impact on the amount of available damages in a medical malpractice case in Kingston.
Recoverable Economic Losses in Malpractice Cases
Some Kingston medical malpractice case damages are economic, meaning that they are easily quantifiable losses. Proving the existence of these damages in the correct amount is not a complicated task, as there likely is written documentation to justify these expenses. Perhaps the most common example of economic damages is medical bills, which could include:
- Hospitalization and surgical costs
- Expenses for medications and medical equipment
- Costs of modifying residences or vehicles to accommodate impairments
- Home health care, personal care, rehabilitation, or therapeutic care expenses
Other economic damages might include lost wages due to an inability to work and loss of earning capacity resulting from permanent impairments. The extent of economic damages largely depends on the severity and permanency of the injuries from the incident of malpractice. Legal counsel could assist injury victims in compiling and presenting economic damages in a medical malpractice claim.
Non-Economic Losses and Medical Malpractice Claims
Non-economic damages can be more challenging to quantify when putting together a claim for medical malpractice. These damages compensate injury victims for their intangible losses that are directly related to the medical malpractice that caused their injuries. Some examples of non-economic damages are pain and suffering, permanent scarring and disfigurement, loss of consortium, and loss of enjoyment of life.
Unlike the law in some states, New York law places no limits on the amount of non-economic damages that individuals can collect in a medical malpractice case. Therefore, plaintiffs in medical malpractice actions have the potential to obtain an unlimited amount of damages.
Are Punitive Damages Available?
In rare cases, injured parties also may receive punitive damages in medical malpractice claims. These damages are awarded solely to punish individuals or entities for their willful or malicious actions in committing medical malpractice and harming others. Only purposeful and intentional conduct or inaction that rises to the level of medical malpractice might result in a punitive damages award to deter others from behaving similarly in the future.
Kingston Medical Malpractice Case and Claims for Damages
When you or a loved one suffers damages as a result of medical errors, the outcome can be catastrophic. You may sustain permanent injuries that impair your ability to work and engage in your regular activities. As a result, collecting damages in a Kingston medical malpractice case can be critical to a positive future.
With a skilled legal advocate on your side, you may be able to get the financial assistance you need to rebuild your life. While your life may not proceed quite as planned due to your injuries, holding healthcare providers accountable for their mistakes may give you the confidence that you need to recover more quickly. Call today to get started