How Much Is My Malpractice Case Worth?

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How Much is My Malpractice Case Worth?

• A Guide to Estimating Damages in a Medical
  Malpractice Case

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Every Case is Different
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It is impossible to determine exactly how much
you will receive in a medical malpractice case
because every case is different
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Your recovery will depend upon factors such
as
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Your recovery will depend upon factors such
as
how grave the doctors mistake was
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Your recovery will depend upon factors such
as
how grave the doctors mistake was
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how seriously you were hurt
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Your recovery will depend upon factors such
as
how grave the doctors mistake was
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how seriously you were hurt
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your age and earning potential
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Your recovery will depend upon factors such
as
how grave the doctors mistake was
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how seriously you were hurt
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your age and earning potential
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and a number of other factors
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Types of Compensation You Can Receive
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In every malpractice case, your compensation
should include payment for
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In wrongful death cases, family members of the
patient who was killed will also receive
compensation
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Medical Bills and Costs
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Your medical malpractice payout should cover all
costs associated with the damage your doctor
caused
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If you needed additional or more invasive
treatments or had a longer hospital stay because
of the medical error, your bills should be paid
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If you will need future care, including adaptive
medical devices or nursing home care, the
associated costs should be covered
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Lost Income/Wages
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If you were forced to miss work or take vacation
time due to the medical error, you should receive
compensation for lost wages
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If you were badly injured or your health severely
damaged by the doctor and you cannot work in the
future or your earning potential has been reduced
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If you were badly injured or your health severely
damaged by the doctor and you cannot work in the
future or your earning potential has been reduced
you should receive compensation for the lost
money you can no longer earn because of what
happened to you
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Pain and Suffering
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The medical care provider who hurt you is
required to MAKE YOU WHOLE, for all losses
including non-economic damages
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If you experience physical pain, discomfort and a
reduction in your quality of life, you should be
compensated for pain and suffering
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Emotional Distress
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The medical malpractice and resulting injuries
can cause you to experience emotional problems
including post traumatic stress disorder (PTSD)
and depression
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You should be compensated for all of the
emotional harm experienced as a direct result of
the MEDICAL MALPRACTICE
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Wrongful Death
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If your loved one was killed by medical
malpractice you should receive compensation for
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Punitive Damages
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In unusual cases if the behavior of a medical
care provider was done with conscious disregard
to the patients safety, you may be entitled to
punitive damages
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The rules for punitive damages vary from state to
state and punitive damages arent available in
all locations or for all claims
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Punitive damages are paid to the injured
plaintiff but the goal isnt to compensate the
plaintiff for losses but is instead to punish the
wrongdoing and deter future bad behaviors
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Malpractice Payout Caps
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In some states, your malpractice compensation
will be limited by damage caps that were part of
tort reform efforts
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Missouri had a cap on damages for non-economic
damages set at 350,000 but the court struck down
that cap in 2012 as unconstitutional
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Lawmakers have been trying to reinstate the cap
but it is currently not in effect
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Other Factors Affecting Your Recovery
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Whether you settle your case or go to court can
affect your recovery
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While you take a chance of receiving nothing by
going to court, you also have the chance that a
jury will award you a large amount of
compensation for pain and suffering or punitive
damages
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The strength of your case affects what you can
recover
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The stronger the case, the more likely you are to
get a fair settlement outside of court that
provides you with full compensation and/or the
more likely it is the jury will side with you and
award you full compensation
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CONTACT
a Malpractice Attorney
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Carey, Danis Lowe Attorneys at LawPersonal
Injury Lawyer
Carey, Danis Lowe Attorneys at LawPersonal
Injury Lawyers

• Practicing Nationwide

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