Under New York law, the victim of medical malpractice can receive damages. Damages includes a wide range of relief, including for pain and suffering—both past and future. Damages can also include medical bills and expenses. But most importantly, damages can also include economic damages such as lost wages and lost earnings.
Lost wages is the compensation for what the victim of medical malpractice would have been paid but could not go to work because of his or her injuries. Lost earnings is where a victim of medical malpractice can no longer do his or her previous job and has to settle for a less-paying job which fits his or her disabilities. Both generally require testimony from the victim and proof of the lost wages and lost earnings, and usually require an expert economist.
Shouldn’t the victim of medical malpractice be able to get these back?
Shouldn’t the negligent healthcare provider who caused this be required to give these damages?
ABSOLUTELY! The victim of New York medical malpractice CAN receive compensation for these injuries. This is important because it can result in a very serious losses from the inability to work.
In fact, many medical malpractice cases are not just able the pain and suffering. A lot of the damages and value in a medical malpractice case is the lost wages. Think about it though—if a surgeon makes a mistake with the surgery such as a bowel perforation, a patient could be in the hospital for 6 months or more to recover! That patient is not working for that period of time and could lost half a year’s salary! Additional follow-up appointments, procedures, and days where a victim does not feel well can also take a lot of time from work away.
In really serious medical malpractice cases, if a surgeon botches a spinal procedure which results in paralysis of the patient’s legs, he or she may not longer be able to work as a laborer. The victim will have to get a new job. This could result in LESS income, which is a cause of action.
But what do you think? I would love to hear from you! Leave a comment or I also welcome your phone call on my toll-free cell at 1-866-889-6882 or you can drop me an e-mail at [email protected] You are always welcome to request my FREE book, The Seven Deadly Mistakes of Malpractice Victims, at the home page of my website at www.protectingpatientrights.com.