When you or a loved one suffers because of a medical professional’s mistake, the aftermath can be overwhelming. Not only is there physical and emotional pain, but you may also face high medical bills, lost income, and a changed quality of life. Understanding what kind of compensation is possible from a medical malpractice claim can help you plan for the future and seek the justice you deserve.
This guide covers the factors affecting medical malpractice settlements, the different types of compensation, and how West Virginia laws influence potential payouts.
Understanding Medical Malpractice Compensation
Medical malpractice compensation exists to help victims of healthcare provider negligence regain financial stability after a harmful incident.
These settlements vary widely based on factors like the severity of the injury, the need for ongoing care, and the impact on the victim’s quality of life.
Though compensation cannot erase the harm done, it can help victims start to rebuild and seek necessary support.
Factors Influencing Medical Malpractice Settlements
Calculating a medical malpractice settlement is complex. Each case is unique, and there is no “one-size-fits-all” compensation amount.
Here’s a breakdown of the main factors that typically influence the amount awarded in a medical malpractice case.
Medical Expenses
Victims of severe medical mistakes often face high medical expenses as they try to recover. These expenses may include:
- Emergency Care and Hospital Stays: Initial treatment after the mistake.
- Follow-Up Surgeries: Additional procedures needed to correct errors or manage complications.
- Physical Therapy: Rehabilitation services to help regain mobility or strength.
- Prescription Medications: Ongoing medication costs related to the mistake.
- Medical Devices: Essential equipment like prosthetics, mobility aids, or specialized equipment.
Each of these costs can add up quickly, and settlements generally include reimbursement for all current and future medical expenses related to the malpractice incident.
Lost Income and Diminished Earning Capacity
Recovering from a medical error often means time away from work. For many, this time is unpaid, causing significant financial strain.
In some cases, victims may never fully regain their earning potential due to lasting disabilities or chronic health issues caused by the error.
Compensation for lost income typically covers:
- Past Lost Wages: Income lost while recovering.
- Future Lost Earnings: If the injury prevents a full return to work or diminishes earning capacity.
For example, if a surgeon’s mistake causes a disability that limits your ability to perform your job, you may receive compensation for the difference between your former earnings and what you can earn post-injury.
Pain and Suffering Damages
Beyond the financial losses, medical malpractice often brings lasting emotional pain and physical discomfort.
Pain and suffering damages are intended to address these non-economic damages. Some examples include:
- Physical Pain: Ongoing pain or physical discomfort due to the malpractice.
- Emotional Trauma: Feelings of anxiety, depression, or fear stemming from the experience.
- Psychological Distress: Conditions like post-traumatic stress disorder (PTSD) following medical negligence.
- Loss of Enjoyment of Life: If the injury has affected your ability to enjoy life’s activities.
While pain and suffering are subjective, they play a crucial role in compensation, as these impacts can be life-altering.
Are There Caps on Medical Malpractice Damages in West Virginia?
In West Virginia, medical malpractice laws include caps on certain types of damages. However, it’s essential to understand what’s limited and what’s not.
Non-Economic Damage Caps
West Virginia law caps non-economic damages at $250,000 in general cases of medical malpractice. However, this cap increases to $500,000 if the injury results in:
- Permanent or significant disfigurement.
- An injury that leaves the victim unable to care for themselves.
- Wrongful death due to medical malpractice.
Non-economic damages include pain and suffering, emotional distress, and loss of enjoyment of life.
No Cap on Medical Expenses and Lost Income
Importantly, West Virginia does not cap compensation for medical expenses or lost income.
This means that victims can recover the total cost of their medical bills and lost earnings, with no legal limitations on these calculations.
This is especially beneficial for those facing high medical expenses or lifelong disabilities affecting their ability to work.
Why Work with a Martinsburg Medical Malpractice Lawyer?
Navigating a medical malpractice claim can be challenging without the guidance of a skilled attorney. A knowledgeable lawyer will work on your behalf to:
- Gather Evidence: Collecting medical records, expert testimony, and other essential documentation.
- Negotiate with Insurance Companies: Ensuring that you receive fair compensation, even if the insurance company tries to downplay your damages.
- Calculate Damages: Accurately estimating medical expenses, lost wages, and non-economic damages.
- Represent You in Court: If necessary, a lawyer can take your case to court to secure the compensation you deserve.
An experienced attorney can also help you understand the long-term financial impact of your injuries and calculate a fair settlement amount to cover your needs.
Contact Manchin Injury Law Group for a Free Consultation
If you or a loved one have been hurt because of a medical professional’s mistake, you deserve answers, justice, and financial compensation.
At Manchin Ferretti Injury Law, we’re committed to helping victims of medical malpractice secure the compensation they need to heal and move forward. Our attorneys are experienced in handling complex medical malpractice claims and fighting for the rights of victims.
Request a free consultation today by calling (304) 464-9305 or by filling out our online contact form. Let us help you seek justice and rebuild your life after medical malpractice.
