According to the Federation of State Medical Boards (FSMB), there were 916,264 practicing physicians in the U.S in 2014. With this many doctors, it’s not surprising that medical malpractice occurs. If you’ve been injured by a medical professional, it’s important you know how partial fault, extent of injuries, and other factors can increase or decrease the worth of your medical malpractice claim.
What You Need Affects Your Settlement
Injury and illness can easily throw a life off track. If a mistake made by a doctor, nurse, clinician, or other medical staff member caused you serious injury or illness, you and your lawyer can work together and build a case for fair compensation within two main categories:
- Calculable Damages. Increased medical bills, need for long-term care, physical therapy, loss of wages, and loss of earning capacity are all damages that can be calculated and itemized in a medical malpractice suit.
- Incalculable Damages. Pain and suffering deserve compensation, too. If a father won’t be able to walk his daughter down the aisle, or a person is left to manage chronic pain, these diminished capacities and the anguish surrounding them can be roughly calculated into a settlement.
Other Determining Factors in a Medical Malpractice Claim
Whether or not your case goes to trial, no exact formula exists to calculate the damages owed to an injured patient. Instead, to determine an accurate value of your case, a good lawyer will evaluate all angles in context, hire experts for consultation, and conduct thorough examinations of all documents. In addition to the types of calculable or incalculable damages you need, the most common factors affecting medical malpractice cases are:
- State caps on compensation. Many states set a limit on how much an injury victim can recover in a medical malpractice case; however, Rhode Island has no cap.
- Shared fault. The defense may argue that the plaintiff was at least partially at fault for his injury if he didn’t follow up properly with his doctor, misused medications, or didn’t fully follow a doctor’s orders.
- Verdicts on similar cases. If the circumstances surrounding your case and injuries are similar to another case that already reached a settlement or verdict, a court may consider how much the victim in that case was able to recover when awarding your compensation.
- Permanent or temporary injury. You may be entitled to more compensation, both calculable and incalculable, if your injuries and the aftermath will persist for your whole life.
Call an Experienced Attorney
If you’re the victim of medical malpractice and have questions or need help with your case, the legal team at Kirshenbaum & Kirshenbaum are available to help you. We’ve been serving our communities for years, and we take pride in offering our legal services to you. Get in touch with us by calling 888-591-9976.