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A Guide for a Medical Malpractice Victim to Claim Compensation

May 18, 2015 | Medical Malpractice

What is Medical Malpractice?

Medical malpractice means departure from good and accepted standards of medical care. When someone causes harm to someone else, the society recognizes that the wrongdoer should be held accountable for his or her actions, regardless of whether the person is a doctor, a driver of a car, or anybody who is responsible for causing injury to another person.

The society also recognizes that if wrongdoers are not held accountable for their actions, they will most likely do those actions again, until they are made to stop. The only way to make them stop is to make them accountable and to make them responsible financially for the injuries and harm they have caused.

What is Compensation?

Compensation is not a handout, it is not asking for anybody’s sympathy, and it is not winning a lottery ticket. Compensation is an obligation to pay back something that is owed. Based on this discovery, how does an injured victim acquire compensation in the state of New York Well, the first step, the injured victim has to take is to go to an experienced medical malpractice attorney to have your potential case evaluated.

The attorney will obtain your medical records, and he will have them evaluated by a medical expert if they pass his own internal medical scrutiny first. Once the medical expert confirms there was departure from good and accepted medical care, which caused your injuries, and that your injuries are significant or permanent, only then can you proceed forward with your case.

How can You Get Compensated?

Once you have a case there are two ways of getting compensation. One is through a settlement during the course of the litigation, and the other is by winning your case through a jury verdict. If negotiations are successful, then you can receive a reasonable settlement. Once, you have agreed to a settlement, you can no longer pursue any further compensation and you cannot file another case for the same claim.

The other way is to pursue the trial and persuade the jury that your side is the most righteous and to award you in the form of a verdict. Whatever way you receive compensation, you will not attain the full amount, as your lawyer’s fees, lawyer’s expenses, court fees, and any liens by doctors or hospitals will be deducted from that amount.

What is Included in Your Compensation?

Your compensation can include all medical expenses for treating your injuries until the date of trial, all expenses for treating your injuries and the expense for care you may need for the rest of your life. Damages can also include past and future pain and suffering, loss of income, and loss of consortium. Loss of income would be the earnings you have lost because of your incapability to do your work because of your injuries.

This will also include the amount you would be losing because of incapability or diminished capacity to work in future. Loss of consortium means you are unable to enjoy the level of relationship you were able to enjoy with your spouse before the incident took place. Your medical malpractice lawyer after reviewing your case and after having consulted a medical expert, will list all these damages that you can claim as compensation.