Types of Compensation in Medical Malpractice Claims
Legally Reviewed and Edited by: Terry Cochran
The effects of medical malpractice can affect your ability to earn a living, and you may require a medical malpractice lawyer to help you regain your losses. Medical malpractice could mean you remain ill or hospitalized for longer than you should be or could result in an injury that prevents you from doing your usual work.
In Michigan, the amount you claim should be based on the money you would have been able to earn if not for the error or negligence that resulted in your injury. This is calculated according to the amount you were earning in the time leading up to the injury.
If you were unemployed at the time the injury or illness occurred but were prevented from finding a job due to the malpractice, you may be owed compensation. You may also be able to claim if your injury prevented you from taking a promotion.
Loss of future earnings can also be claimed
If your injury has affected your ability to work, you can claim for loss of future or potential earnings. The amount you are entitled to will depend on a number of different factors.
The money you were earning before the injury or illness will generally be used to determine how much you can claim. If you were not traditionally employed, this calculation could be more challenging to make without the help of lawyers specializing in medical malpractice.
A medical malpractice lawyer can help regain medical expenses
Medical expenses are often a direct result of medical malpractice. Not only will you have paid for the service that caused the injury, but additional medical care is required afterward. These costs can be compensated.
In Michigan, you must determine the exact amount you claim for medical expenses. The amount claimed must match the amount you spent on medical care, and you should prove the medical care necessitated by the injury.
Medical expenses can include money paid by your insurer. However, if you obtained any discounts or reductions during your care, you must deduct these from your claim. You may only claim for the amount you actually spent or will spend in the future.
Rehabilitation services may also be claimed
If your injury is not necessarily permanent, you may need rehabilitation services. In Michigan, you are permitted to claim for the expense of rehabilitation services following a medical malpractice injury.
You should provide evidence for the amount the services will cost when making the claim. A medical attorney can help you determine how much to claim for.
Survivor’s compensation is available through a medical malpractice lawyer
A survivor’s action, or survival statues, can allow you to claim medical malpractice compensation after a family member dies. The death must be deemed to have been the result of the medical malpractice for the case to go ahead. The claim can include items such as loss of income or funeral expenses.
In Michigan, there are limits placed on those who can make these claims, such as the spouse or children of the decedent. If there are no family members, the decedent’s heir, according to his or her will, can claim survivor’s compensation. You must be deemed a Personal Representative in order to make this claim.
Non-economic damages are those that cannot be easily calculated. This means compensation for pain and suffering, for example. For those making a survivor’s claim, this could mean the loss of support and affection from a loved one.
In Michigan, non-economic damages for pain and suffering have a monetary cap that increases every year based upon inflation. In addition, the monetary cap for pain and suffering is raised in cases where the plaintiff’s life has been affected in an extreme way. This includes injuries to the brain or reproductive organs. An experienced Michigan medical malpractice attorney will be able to evaluate your injuries and determine the maximum amount of pain and suffering you or your family may be entitled to under the monetary caps for pain and suffering.
It can be difficult to determine how much to claim for this type of compensation, regardless of whether the claim limitation applies to you. You will need to discuss your case with reputable malpractice lawyers to assess how much you might be owed.
For a free consultation call Eileen Kroll, an attorney and registered nurse, at Cochran, Kroll & Associates, P.C. toll free at 866-MICH-LAW. Our firm is dedicated to representing individuals and families who have suffered devastating losses as a result of injuries, disabilities, and death. No fee is charged unless a recovery is made.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.