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Medical Malpractice: How To Determine The Money Damages

By: Kum Martin

Calculating pain and suffering seems to be impossible and money damages may not cover all the consequences of an injury cause by medical malpractice acts. However attorney and courts are required to determine a price to the injury. Victims also desire to know the possible financial outcomes considering the expenses and time of bringing such case to a court. How to determine the worth of a medical malpractice? In fact, many factors will influence the worth of a medical malpractice case.

A Medical Malpractice Victim's Guide To Compensation

First, it will depend on the jurisdiction where the lawsuit is brought since the rules about professional misconduct and doctor liability may greatly vary from state to state. Second, the worth is limited by so-called potential state caps. Most states have implemented caps on malpractice damages since they are very often held accountable in medical malpractice cases. In this aspect, most states deduct amount available to an injured person through collateral sources such as health insurance from the settlement, limit the payment of damages to instalment plans instead of lump-sum payments, and set up cap damages altogether.

The worth of a medical malpractice will also depend upon the severity of the injury. For instance, if you suffer a cleanly broken bone which required a cast is considered a less severe injury than the same bone that was shattered in several places and which required surgery and extensive rehabilitation. Obviously the more severe the injury, the greater the worth of your medical malpractice case will be.

Eventually, your pre-existing status before the injury will highly influence the value of your settlement. For instance, if you have been injured on your knee but you previously had another knee injury it will be difficult to get a high settlement. Therefore, you should inform your medical malpractice lawyer about your pre-existing conditions. The opposing side will likely request a detailed medical history including medical records.

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