What Can I Receive Compensation For in My Uvalde Medical Malpractice Case?
If you have been the victim of Uvalde medical malpractice, one of the questions at the forefront of your mind is likely, “what can I receive compensation for in my Uvalde medical malpractice case?” At Carabin & Shaw, we make it our duty to assist the people of Texas with answers to questions like these. If you need any help answering these or any other questions, call our lawyers in Uvalde today; we’ll be happy to help.What Compensation Can I Receive for my Uvalde Medical Malpractice Case?
The compensation you can receive for a medical malpractice case in Uvalde falls into two categories: economic and non-economic damages. Economic damages cover the cost of financially tangible expenses directly resulting from the botched treatment you received, while non-economic damages address the losses that are not as easily translated into numbers, such as suffering and impairment.Economic Damages
There is no limit to the amount of economic damages you can seek in Uvalde for a medical malpractice claim, provided those damages can be proven to be a direct result of the actions or inactions of the medical professional. Some things, like the costs of treatment to rectify the malpractice, will be easy to prove; others, like loss of expected income or future earnings, may be more difficult and require the help of an experienced attorney to ensure they are compensated.
Most of the common economic damages you can seek will include:
- Medical Bills:
The central item on your list of compensatory damages will be the medical costs of the malpractice case. Generally, you will not be expected to pay for a medical procedure that did you more harm than good or one that you shouldn’t have needed at all. Furthermore, any medical expenses immediately needed to correct or prevent further damage to your health will also be compensated.
- Long-Term Care:
In addition to your current medical expenses, your malpractice claim should also provide for all future medical expenses that result from the incident, such as rehabilitation, corrective surgeries, and long-term prescription medications. It is important that these be calculated before your claim is concluded; an experienced attorney from Carabin & Shaw will likely bring in a third-party medical professional to provide expert testimony.
- Wages and Earnings:
If the incidence of malpractice caused you to miss more work than you otherwise would have, your claim will include compensation for the wages lost for that time. Not only that, if you suffered permanent injury or disability, your claim will also include an estimation of any future earning and income you may possibly lose.
- Mitigation Costs:
All amounts spent as a consequence of preventing further damage from the malpractice incident are considered part of your total damages, to include the cost of your legal defense. You wouldn’t have to worry about this issue at Carabin & Shaw, however, because our lawyers only collect a fee if you win your case.
Unlike economic damages, Texas is one of 31 states that place a cap on the amount of non-economic damages a plaintiff can be awarded. In Uvalde, victims of medical malpractice can only claim a maximum of $250,000 from any single health care institution for any combination of the damages below, and no more than $500,000 if claiming from multiple institutions.
- Pain and Suffering:
Texas malpractice cases usually determine the value of a victim’s pain and suffering through a multiplier based on the severity of the harm done, typically on a scale of one to five. While an unnecessary scar might register one the lower end, the highest multipliers are registered for “catastrophic damages,” such as paralysis or permanent disability. Keep in mind that these multipliers are more guidelines than hard rules, and your attorney should be able to argue the just amount for your unique case.
- Emotional Distress:
Closely related to pain and suffering damages, emotional damages measure the intangible damage caused by the psychological and emotional repercussions of malpractice.
Injuries resulting from malpractice can have repercussions beyond your measurable health. Scarring and disfigurement can impact your self-image, as well as the way others receive and treat you. Full compensation from your claim should always account for a cosmetic disability.
- Loss of Enjoyment of Life:
These losses, or ‘hedonic damages,’ aim to compensate a victim for any impact the malpractice may have had on his or her ability to reasonably enjoy life as they might expect to. An inability to play sports or exercise as a result of losing the ability to walk would be a prime example of this type of damage.
If you have questions about what your malpractice claim is worth, speak with a Uvalde medical negligence attorney at Carabin & Shaw. Our representatives are ready twenty-four hours a day to answer your call in English or Spanish and get you started on the road to recovery. Call the law offices of Carabin & Shaw in Uvalde today at 830.253.2282, or call our toll-free number day or night at 1.800.682.1260.