Expected Payout
$140,452,391.00*
Cerebral Palsy suffered by triplets due to medical malpractice in their prenatal and perinatal care and treatment**
Settlement Payout
$ 750,000.00
Heavy equipment operator suffered serious burns when explosion occurred during refueling of machine
* expected payout over 80 years
**Case handled with co-counsel Christopher Meagher, Esq.
-Please note that each case must be evaluated on the specific facts and evaluation of a specific case may vary from "no merit" to a multi-million dollar recovery.
FACTS ABOUT MEDICAL MALPRACTICE
Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient.
In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts. Professional Medical Conduct is included in Malpractice
What are the elements of economic and noneconomic damages in a medical malpractice case?
In a medical malpractice lawsuit (just as in any personal injury lawsuit), there are two types of damages: economic and noneconomic. Economic damages are monies awarded as compensation for monetary losses and expenses, which the plaintiff has incurred, or is reasonably likely to incur in the future, as a result of the defendant's negligence. Noneconomic damages are monies awarded as compensation for non-monetary losses and injuries, which the plaintiff has suffered, or is reasonably likely to suffer in the future, as a result of the defendant's negligence.
There appears to be no statute or court case that contains a complete list of all possible economic or noneconomic damages. And while there are official and unofficial sample or recommended jury instructions for medical malpractice as well as other Medical Malpractice, there is no definitive or uniform set of jury instructions that judges must give to a jury.
A judge can rely on sample jury instructions and on proposed instructions each side presents, but ultimately it is the judge’s decision based on his understanding of the law of damages as established by statutory and case law. If a judge gives an incorrect instruction, any party may appeal, and the verdict could be overturned.
Because the statutes do not contain an exhaustive list of economic or noneconomic damages, courts must look to the common law to determine what is recoverable as an economic or nonecomic damages.
Disclaimers
The information provided on www.QueensMedicalMalpractice.com is not intended to be legal advice, but merely conveys general information related to legal issues commonly encountered.Your access to and use of this website is subject to additional Terms and Conditions.
FACT: The cost of medical malpractice liability premiums amount to less than one percent of total health care costs.
The Consumer Federation of America reports that medical malpractice premiums comprise only 0.59 percent of national health care costs - so even eliminating medical liability altogether would do little to reduce health care costs. Malpractice Suits Not Driving Medical Costs Up, Says Group, The New Orleans Times-Picayune, May 5, 1999, at E3.
Between 44,000 and 98,000 people die in hospitals annually each year due to preventable medical errors, the Institute of Medicine found. A survey of doctors and other adults released in December in the New England Journal of Medicine found that more than a third of the doctors said they or their family members had experienced medical errors, most leading to serious health consequences.
