How Do You Calculate Damages in a Podiatric Malpractice Lawsuit?
- Posted on: May 13 2020
People usually do not realize how essential healthy feet are in daily activities until they experience a problem; then every step can be painful, if not impossible. When you go to a podiatrist for treatment of a foot issue, and the podiatrist makes an inexcusable mistake, you could suffer for the rest of your life.
If you got hurt because of sub-standard care from a podiatrist, a podiatry malpractice lawyer in New York could help you go after compensation for your losses. There is no automatic amount of money damages in podiatry malpractice cases. We calculate damages in a podiatric malpractice lawsuit after we talk to you and investigate your situation. The amount of compensation you can pursue will depend on the unique facts of your case.
A podiatrist is supposed to make your condition better, not worse. Of course, not every unintended or adverse outcome is the result of malpractice. The podiatrist must have been negligent and acted below the level of care applicable when causing harm to you.
Types of Damages in New York Podiatric Malpractice Cases
The amount of compensation that a person can pursue in a podiatry malpractice claim will depend on many factors. Every case is different. Here are some examples of the kinds of money damages that can be available in these lawsuits:
Usually, you cannot recover the cost of the shoddy podiatric care you received, but you can include the reasonable expenses for the treatments you needed because of the medical negligence. For example, if you had to undergo corrective surgery to repair the harm, your injury claim can include things like the surgeon, hospital, x-rays and other imaging studies, diagnostic procedures, laboratory testing, blood transfusions, prescription drugs, pain management, and physical therapy.
If you missed time from work without pay because of the substandard podiatric services, you can include that item in your damages claim. Generally, you cannot include the amount of time that you would have been off of work if the original procedure had gone correctly. Still, you can seek to recover the extra time for that procedure and subsequent corrective medical treatments. For example, if you missed three months of work and the usual recovery time for the first procedure is usually a week, you can go after your lost wages for two months and three weeks.
Diminished Earning Capacity
If the harm from the negligent podiatric care left you unable to work at your current job at all or you had to reduce your hours, you can seek compensation for the difference in your income. Let’s say that you had to take a lower-paying job because you can no longer stand on your feet for extended periods.
The difference between your previous income and the amount you can make after the malpractice can be compensable. Also, if you can no longer work full-time or overtime as you did regularly before the substandard podiatric care, the amount that your income decreased can be a part of your claim for compensation.
Podiatry malpractice lawyers can help you hold the negligent podiatrist responsible for the harm you suffered and pursue money damages for your losses. Contact our New York podiatric malpractice attorneys today.
Posted in: Podiatric Malpractice