| A verdict allows a victim to 'enter judgment' | | | | calculated. If the victim was working, we can |
| against the doctor or hospital for the amount that | | | | piece together what they were earning at the |
| has been awarded. In addition to the award, | | | | time of the malpractice, and then project forward |
| interest will be added to the award for past pain | | | | what they likely would have earned in the future |
| and suffering from the time of the malpractice | | | | had they not suffered such horrible injuries. |
| until the date of the verdict. | | | | In order to help a jury understand the value of |
| Once a judgment is entered, the attorney can | | | | money, medical malpractice lawyers will often hire |
| make every effort to collect against the doctor, | | | | economists, experts at evaluating and discussing |
| hospital or its' insurance company. | | | | the value of money. We all know that the value |
| Elements of compensation: | | | | of a dollar 20 years ago was much different than |
| 1. Pain & suffering | | | | it is today. That's known as inflation. An expert |
| 2. Economic loss | | | | economist is brought in to explain to a jury that a |
| (a) Medical & hospital bills | | | | dollar today will not buy the same things 10, 15, |
| (b) Lost wages | | | | 20 and even 30 years from today. That is why |
| (c) Lost future income | | | | when we ask a jury to make an award today, |
| (d) Lost benefits | | | | they must recognize that this award will be used |
| (e) Lost future benefits | | | | to help pay for medical expenses for the rest of |
| (f) Future medical expenses, including doctors, | | | | that victims' life. If an award is made to pay for |
| hospitals, surgery, rehabilitation, medical insurance | | | | something that costs $100 dollars today, in 15 |
| premiums, nursing, medications & medical | | | | years that same $100 will not be able to buy the |
| equipment. | | | | medical device that he used to buy it 15 years |
| Pain & Suffering | | | | earlier. it would not be fair to the victim or his |
| A settlement for pain and suffering is based on | | | | family to dig into their own pockets to pay for |
| what other similar cases have settled for. Many | | | | those expenses, especially when they did nothing |
| times your lawyer can determine what 5 days of | | | | to contribute to the victim's injuries. It should be |
| suffering is worth in the County in which you | | | | the total responsibility of the person who caused |
| have your case. They can try and find similar | | | | the harm. |
| cases and injuries to what you experienced to | | | | To determine what medical expenses are likely to |
| get a sense of the value of your particular case. | | | | be incurred in the future, medical specialists are |
| Having said that, it's important to note that every | | | | brought in to discuss the victim's injuries and what |
| case is different, and every person who suffers | | | | they can expect to happen in the future. We |
| an injury handles it differently. That's why there's | | | | often include rehabilitation experts, and vocational |
| such great fluctuation between similar cases, | | | | experts to explain what type of employment this |
| especially in different parts of the State. A jury in | | | | handicapped individual might be capable of doing in |
| upstate Albany County may view a fractured | | | | the future, and what kind of income they could |
| arm as having a lower value than a jury in | | | | ever be expected to earn. |
| Manhattan or the Bronx. | | | | Conclusion |
| Importantly, pain and suffering awards are | | | | These are the basics to understanding how a |
| tax-free in New York. | | | | medical malpractice victim obtains full and fair |
| Economic Loss | | | | compensation in the State of New York. |
| This is an element of 'damages' that is readily | | | | |