If you are a victim of medical malpractice that caused a delayed diagnosis of your cancer, you may be wondering what damages you are entitled to and who will be paying for them. Since various parties can be liable, it is crucial to hire Albany Delayed Cancer Diagnosis lawyers to conduct an investigation and gather the necessary evidence.
The most common damages are medical treatment costs and lost wages, but most people forget about the psychological impact of an injury. You should get as much compensation as possible for the suffering and losses endured. Pain and suffering are non-economical damages and can be challenging to prove, which is why hiring an attorney is recommended.
How do you calculate pain and suffering damages in a medical malpractice claim?
When the decision resides with the judge and the jury, the amount to be awarded as pain and suffering damages is determined by the judge. The amount the judge would award during settlement negotiations is predicted, and the damages are calculated. When a case settles, it means that both parties agree on the amount of money.
Coming to the method to calculate pain and suffering damages, there is no specific method. There is no fixed algorithm or mathematical formulae to determine a dollar amount. Instead, the jury awards an amount they think is appropriate for the type of claim they are dealing with.
Most of the time, the greater the injuries are, the more the amount is. Juries award the amount they believe is fair for the number of injuries, harm, and damages caused to the victim. However, one thing is certain in a pain and suffering settlement: the amount directly reflects the type of injury suffered.
Types of pain and suffering
Injuries can cause months or years of physical pain. If the injury is permanent, it can leave you with constant pain. Some injuries that may qualify for pain and suffering include the following:
- Organ damage
- Nerve damage
- Neck pain
- Dislocated joints
- Back pain
- Traumatic brain injury
Mental pain or emotional distress occurs when the medical provider’s mistake causes the victim to suffer from mental harm. Cognitive changes, insomnia, anger, post-traumatic stress disorder (PTSD), fear, and loss of quality of life are some of the common cases of mental suffering. These may be temporary, lasting for a few weeks to months, or permanent, which lasts for a lifetime.