Medical malpractice settlement is a very broad topic about which much can be said. Medical malpractice is treatment in which a medical professional causes serious harm to a patient while providing medical care, and this harm could have been avoided. Such errors include very serious situations that, unfortunately, can cause the death of the patient.
When the damage is done, the primary goal of the patient after taking care of the damage is to find out how much the case is worth. Because, in addition to the injury caused to the patient, he also has to face additional costs. The event and possible financial pressure can affect the applicant’s mental health, which further affects the level of compensation.
How to calculate the economic damage caused by negligent treatment?
Every medical malpractice lawsuit filed against a medical professional is different. Because two people who are hurt in the same way can have completely different consequences and drastic differences in the damage caused. Because of these differences, there are general guidelines when proving medical malpractice claims.
Damages caused by negligent treatment are divided into economic damages and non-economic damages.
- Economic damages include medical expenses, ability or inability to earn a living in the future, etc.
- Non-economic damages are those damages that include pain, suffering, psychological and physical condition and are not assigned a financial value.
All this requires a fundamental analysis for the best possible result.
What’s the difference between negligence and malpractice?
Average settlement in medical malpractice lawsuits
The average medical malpractice settlement in the United States is $242,000.
Those that go to trial average about $1,000,000.
Smaller settlements only pay out-of-pocket costs. In contrast, the largest medical malpractice settlement in the US was $229,000,000.
How much is my claim worth?
If you are sure that you have been damaged, you must be wondering how much it is worth. To be awarded damages for negligence, you must prove the following:
- If the actions of medical experts resulted in damage to you and your health,
- that you cannot resolve the damage caused due to negligent treatment,
- the injuries you suffered as a result of the malpractice did not exist before the error and malpractice occurred.
How to start a medical malpractice claim?
A real damage
In the category of actual damages, you can receive monetary compensation that includes the following items:
- Need for physical rehabilitation,
- medical bills you are forced to pay due to medical malpractice,
- lost wages due to inability to perform work,
- inability to continue working at the workplace due to negligent treatment,
- medicines that you are forced to buy due to a medical error,
- expenses you have to bear such as taking care of your family and home.
General damage
General damages are those damages that are not “tangible”, but cause significant changes in the way of life and prevent a normal way of life. These are the following items:
- Too much pain and suffering,
- anxiety caused by a stressful situation,
- not enjoying life and losing the will to live,
- disfigurement of the body, tissues and muscles,
- various types of disabilities caused by negligent treatment, etc.
Your malpractice attorney will calculate the various damages to seek in your case based on:
- Medical documentation
- Expertise
- Employer’s salary statements
Legal help
When you decide to file a malpractice lawsuit against a medical professional and medical facility, you will need legal help to do so. The basic of a malpractice claim is whether the doctor deviated from the medical standard of care and, if so, whether the doctor’s actions resulted in injuries to the patient. The primary question in determining whether a doctor’s actions were truly negligent is whether another doctor would have done what the doctor did to you under similar or the same conditions.
Contact us!
Rules and regulations vary from state to state. For this reason, ask for advice and all other information from a lawyer who will greatly ease your legal burden. Nedim Ramic and Bajric & Ramic team of attorneys are here for you. And you should not hesitate to call us today for a free consultation. The time is of the esence. If you find these information above useful, but you have more questions regarding the subject. Or you just need legal help straight forward, give us a call. On 314 352 6800 and get free consultations today!
