Factors Of Medical Malpractice Lawsuits
When a doctor or other healthcare worker causes you permanent injury, you may feel overwhelmed about the future (such as how to pay for further medical care, physical therapy and prescriptions you may need). Filing a medical malpractice lawsuit may help you cover these costs, but since every case is different, you may want to understand how the courts put a dollar value on your case and how much you can collect if the judge rules in your favor.
The Severity of the Injury
To prove your injury claims, it will be important to have evidence that shows the doctor owed a duty of care to treat you, had committed a mistake or negligent oversight, and you suffered injury because of it. One factor that may affect the value of your medical malpractice case is the severity of the injury you received, and whether it will hinder your quality of life in the future. There are many different types of medical malpractice injuries and mistakes that can affect you this way, including:
- Post-surgical infections
- Cancer misdiagnosis
- Brain injuries
- Birth injuries
- Defective medical tools
- Delayed diagnosis
- And more +
Effect on Future Earnings
If the injury you received during surgery or medical treatment affects your ability to work, this may increase your case’s worth. Accidents that hinder your ability to stand, walk, or speak could prevent you from earning a wage, which would not have occurred but for the doctor’s error. Your attorney, like a team member at the Law Office of Daniel E. Stuart, P.A., can assist you with calculating projected future earnings. During your appointments, it will be helpful to have documents such as past earnings statements and other employment paperwork that shows how much you earn, how many work hours you’ve missed due to injury, used PTO or vacation hours, and other ways you have been affected at your job.
The Need for Future Care
If your injury is severe enough, you may require in-home care, physical therapy and other assistance that provides you with the best possible quality of life moving forward. The cost of this care may be added to your case’s overall value, which may be especially important if you can no longer work due to the injury. While each state has its own guidelines about the value of future care, the individual details of your case can help guide your attorney when it comes to assigning a dollar amount.
The Cost of Required Medications
After a medical malpractice injury, you may require certain medications that support your physical and mental well-being. Your attorney may require a list of these medications and their cost so he or she can add the total amount to your lawsuit. If it appears you require any medications related to the injury for long-term treatment, your attorney may also include the predicted future cost.
Your attorney can help you understand the correlation between your own injury and its worth in court, like a medical malpractice lawyer victims depend on from the Law Office of Daniel E. Stuart, P.A. Generally, the more permanent and devastating the injury, the greater the value of your case.