When individuals suffer harm due to the negligence or recklessness of a medical professional, they may be entitled to seek compensation for their injuries. Calculating fair compensation in malpractice cases can be a complex process, requiring the expertise of experienced attorneys. In this article, we will delve into the factors that attorneys consider when calculating compensation in malpractice cases. Meet here Chicago Medical Malpractice Attorney

Understanding the Concept of Damages

In malpractice cases, damages refer to the monetary compensation awarded to the plaintiff for their injuries. There are two primary types of damages: economic and non-economic.

  • Economic Damages: These damages are quantifiable and include medical expenses, lost wages, and future medical care. Attorneys calculate economic damages by reviewing medical bills, pay stubs, and other financial documents.
  • Non-Economic Damages: These damages are subjective and include pain and suffering, emotional distress, and loss of enjoyment of life. Attorneys calculate non-economic damages by assessing the plaintiff’s quality of life before and after the incident.

Factors Considered When Calculating Compensation

Attorneys consider various factors when calculating compensation in malpractice cases, including:

  • Severity of Injuries: The severity and permanence of the plaintiff’s injuries play a significant role in determining compensation. More severe injuries result in higher compensation awards.
  • Medical Expenses: Attorneys calculate the total medical expenses incurred by the plaintiff, including past and future medical care.
  • Lost Wages and Earning Capacity: The plaintiff’s lost wages and earning capacity are also considered. This includes past and future lost income due to the injuries.
  • Pain and Suffering: Attorneys assess the plaintiff’s pain and suffering, including emotional distress and loss of enjoyment of life.
  • Liability and Negligence: The degree of liability and negligence on the part of the medical professional is also a factor. Higher degrees of negligence result in higher compensation awards.

Methods Used to Calculate Compensation

Attorneys use various methods to calculate compensation in malpractice cases, including:

  • Multiplier Method: This method involves multiplying the plaintiff’s economic damages by a certain factor (usually 1-5) to determine non-economic damages.
  • Per Diem Method: This method involves assigning a daily rate to the plaintiff’s pain and suffering.
  • Hybrid Method: This method combines the multiplier and per diem methods.

Conclusion

Calculating fair compensation in malpractice cases requires the expertise of experienced attorneys. By considering various factors, including economic and non-economic damages, attorneys can determine the full extent of the plaintiff’s losses. If you or a loved one has suffered harm due to medical malpractice, it is essential to consult with an experienced attorney to ensure you receive the compensation you deserve.