Types of Damages and Compensation in a Medical Malpractice Case
In a medical malpractice lawsuit, “damages” is just a way in which the legal system tries to answer the question “What has the injured patient lost?” Ultimately, the answer to this question adds up to a dollar figure, but if you dig deeper, there are two types of damages in a medical malpractice case:
- damages capable of exact calculation (called special damages or economic damages), and
- damages not capable of exact calculation (non-economic damages)
Damages Capable of Exact Calculation
Special damages are lost earnings and lost earning capacity (which include employment benefits), medical bills, and other financial losses caused by the medical malpractice injury or harm. Lost earnings and lost earning capacity refer to the amount of earnings (and employment benefits) that you lost and will lose, past, present, and future, because of your injury.
Present Value. Because future lost earnings and/or lost earning capacity involves a calculation of losses that may extend for many years into the future, it has to be calculated in terms of its present value. Present value is a financial concept that involves determining the value of a future stream of income (i.e. your weekly paycheck) as if it were all in a bank account today.
In other words, how much money does your employer need in a bank account today in order to pay you your salary for, say, the next twenty years? This is a complex financial calculation, and is customarily performed by an economist that your lawyer will hire to be an expert witness in your case.
Problems in Calculating Lost Earnings and Lost Earning Capacity. Three problems often arise in making lost earnings claims in medical malpractice cases:
- you are not working at the time of the injury
- but for the injury, you had plans to take a new job for more pay
- you are self-employed
If you are unemployed at the time that you are injured, you can generally claim your earnings from your previous job as your earning capacity as of the time of the injury. If you have not worked for many years, the defense attorney will argue that you have no earning capacity and thus should have no lost earning claim. In this situation, you and your lawyer will have to work together to formulate a plan for making a lost earnings claim. If you are retired, then you have no lost earning claim.
If you got hurt shortly before taking a new job for higher pay, you can generally claim that higher pay rate as your earning capacity as long as you can prove that you had indeed been hired for the new job.
If you are self-employed, the defense attorney will want to carefully examine your business records and tax returns to see whether your actual records support your lost earnings claim. For any type of employee, the general rule is that, whatever you tell the government in your tax returns about your earnings is what you must tell the defense attorney and the jury. If you worked under the table, you are going to have a hard time trying to convince the jury that you should be compensated for those losses .
Special Damages — Future Medical Bills. Medical malpractice cases often involve catastrophic injuries that will require a lifetime of medical care. The amount of the future medical bills in serious medical malpractice cases can reach well into the seven figures. Lawyers will often retain a special expert witness, called a medical economist, to properly present these types of damages to the jury.
Damages Not Capable of Exact Calculation
Non-economic damages include pain and suffering and mental anguish, as well as what is called loss of consortium. There are no guidelines for determining the value of an injured person’s pain and suffering. A jury cannot look at a chart to figure out how much to award for pain and suffering.
How to Value Pain and Suffering
Valuing pain and suffering can be difficult. You may have read about a “multiplier” in personal injury or medical malpractice cases. Using a “multiplier” means that insurance companies calculate pain and suffering as being worth some multiple of your special (economic) damages. But that is only true up to a point.
Juries do not use multipliers when they are in the jury room trying to determine your damages, and there are many other factors that affect the outcome of a case. Some factors that can greatly impact the value of a plaintiff’s pain and suffering damages are the following:
- whether the plaintiff is a good or bad witness
- whether the jury likes the plaintiff
- whether the jury thinks that the plaintiff lied
- whether the jury thinks that the defendant or the defendant’s witnesses lied
- whether the plaintiff has a criminal record
- whether the plaintiff’s injuries are easy for the jury to understand
One more thing that, sadly, affects the value of pain and suffering in a medical malpractice case is whether the plaintiff is alive and in the courtroom. Juries’ pain and suffering awards can be lower for a deceased plaintiff than for a living, suffering plaintiff. You must ask your lawyer to give you his/her frank opinion about what the jury is most likely to do with your case and your evidence.
Loss of Consortium
Loss of consortium refers to the intangible benefits that the injured person provided to his/her spouse or (in some states) children. It is often thought of as the effect that the injury has on a sexual relationship, but it actually refers to the injury to the entire relationship between the injured person and his/her family. For more detail, see: Compensating The Spouse and Family of The Injured: Loss of Consortium Claims .
Caps on Damages in a Medical Malpractice Case
Some states have passed laws that cap the amount of non-economic damages (pain and suffering) in medical malpractice cases, regardless of how severe the plaintiff’s injury was, and regardless of what the jury would otherwise have wanted to award in the case. The caps vary from state to state, and can be as low as $250,000. To find out of there is a limit in your state, see this page .
Get the compensation you deserve.
Mount Nittany Physician Group #physician, #doctor, #primary #care, #specialty #care, #primary #care #provider, #healthcare,
Mount Nittany Health offers patients access to a wide array of physicians practicing in more than 60 specialties and subspecialties within our system. Search or Browse a list of Physician Group physicians.
Understanding what matters means physicians across the region bringing more personal care to you.
Mount Nittany Physician Group is a team of more than 150 healthcare providers who understand what matters to you. Recognizing that no two patients are alike, we offer more than 30 specialties in 17 convenient locations across the region.
Read the stories of the community members we ve cared for or hear more from our physician team by clicking the links below.
Nicole s Story
Understanding what matters to our community means offering the highest quality of care and wellness to you.
Even after losing over 100 pounds, something was still weighing on Nicole s mind. The team at Mount Nittany Physician Group Reconstructive Cosmetic Surgery helped to ease Nicole s worries and prepare her for a truly life-changing surgery.
Emily Peterson, MD, is one of the physicians in the Mount Nittany Physician Group. Specializing in reconstructive cosmetic surgery, Emily is part of the team creating a healthier community.
Understanding what matters means having a team of more than 150 providers across 30 specialties providing care for you.
Find a Physician
Mount Nittany Physician Group includes more than 150 providers and 30 specialties practicing at 17 locations across the region.
Mount Nittany Health offers patients access to a wide array of physicians practicing in more than 60 specialties and subspecialties within our system.
Physician Group Resources
With the addition of the Physician Group, Mount Nittany Health has transitioned from a regional medical center to a regional health system.
We understand that change leads to questions, and we’re here to answer any that you might have. In this section you can find Physician Group-specific information about:
You can also find information regarding the Physician Group on the frequently asked questions page .
Criminal Defense Attorney in Pittsburgh, Pennsylvania – James M #lawyer, #attorney, #representation, #legal, #law,
Criminal Defense Attorney in Pittsburgh, Pennsylvania
If you or a loved one are facing investigation, arrest, trial or jail time, in South Western Pennsylvania State or Federal Court, then you need an aggressive Criminal Defense Plan. You need James M. Herb. That includes having a Pennsylvania Criminal Attorney that is experienced and dedicated to seeking justice for people who are charged with a crime.
Whether you’ve been accused of:
- Sexual Assault
- Drug crime (possession, intent to distribute, or intent to manufacture)
- Any Felony or Misdemeanor
You need your Criminal Defense Lawyer at your side.
Why Hire a Criminal Defense Lawyer?
Is there a warrant out for your arrest? Is it an arrest warrant or a bench warrant? Can you get out of jail on bond? How do you get a bail bond? How much does bond have to be? Do you want a jury Trial? Should you negotiate a plea bargain? What about your past criminal record? What if you were not alone? Does it matter if you are facing criminal charges in a State of Federal Court? How much does a Criminal Defense Lawyer cost? Will you lose your driver’s license (or child or car or gun)? An experienced Criminal Defense Attorney can answer all these questions for you, and help you decide what is best for your case.
Choosing the Best Criminal Attorney for Your Case
Anyone facing an allegation that they have violated a criminal law needs a criminal defense attorney they can respect and trust. Money, jail time and even someone’s life may be on the line and a criminal lawyer has to be trusted to fight hard for his client’s best interests.
James M. Herb has more than 30 years experience in helping people who are facing criminal authorities in arrests, allegations, investigations, trials or appeals.
Before deciding on a criminal defense lawyer for your case, you should talk with the attorney and get a feel for how you will work together. There is no bond like that between a criminal defense lawyer and his client, and deciding who to hire as your criminal defense attorney may be the most important decision of your life.
Contact us in Pittsburgh, PA, for more information about our Criminal Law services.
Education Jobs in Pennsylvania #pennsylvania #education #jobs, #pennsylvania #education #job #listings, #pennsylvania #education #job,
Education Jobs in Pennsylvania
Education Jobs in Pennsylvania Overview
Educators have the enviable job of teaching students and helping them meet learning-focused goals. They typically work with students from a very early age to advanced ages, which means that Pennsylvania educators may be preschool teachers, elementary school teachers, middle school teachers, high school teachers, or postsecondary teachers.
Educators who work in elementary, middle, and high schools in Pennsylvania must have a bachelor’s degree and may be required to have an advanced degree as well. Postsecondary educators, whether at public Pennsylvania State University or private University of Pennsylvania, typically possess a master’s or even a doctoral degree. Those pursuing private school education jobs in Pennsylvania may not need additional certification, but public school educators must secure state licensure prior to teaching.
Pennsylvania Education Job Market
While the number of education jobs in Pennsylvania has increased significantly over the past decade, this industry has grown more slowly in recent years. Some of this is due to a larger pool of qualified candidates and a national shift in educator trends. Over the next decade, however, education jobs in Pennsylvania are projected to increase. Positions in education administration are projected to increase most significantly, while the postsecondary educator and preschool educator job markets are also projected to grow at a faster than average rate. Jobs for elementary, middle, and high school teachers are projected to become available at a much slower rate compared to other positions in this industry.
Education Salaries in Pennsylvania
Average salaries for education jobs in Pennsylvania vary widely. Education administrators and directors earn $70,000 to $140,000 per year. Postsecondary teachers at Pennsylvania’s numerous public and private colleges and universities typically earn between $50,000 and $90,000 annually. Elementary, middle, and high school teachers’ salaries tend to be on the lower end of the spectrum, at about $45,000 to $70,000 per year. Individual salaries may vary depending on the school district.
Top 10 Pennsylvania Car Insurance Companies
In Pennsylvania, it is essential to find car insurance that suits all of your needs, the minimum state requirements, and provides you with financial protection. By comparison shopping online, you can receive quotes from the best car insurance companies. Comparing car insurance doesn t have to be a headache.
This enables you to potentially garner substantial savings over your current policy. See what you can save today with our FREE ZIP code search!
The state of Pennsylvania requires all drivers to have four types of coverage, which includes medical benefits, bodily injury liability, property damage liability, and full tort or limited tort.
Once the minimum requirements are met, the driver then must determine the aspects of coverage that they want as an individual, such as deciding between full tort or limited tort and taking car insurance deductibles into account .
Even with criteria set, the price of car insurance varies from insurance company to insurance company. Every company wants your business.
Therefore it is important to rely on online quote comparisons to make an informed decision based on factual information provided by experts. Try our FREE quote comparison tool today!
When price shopping car insurance quotes online consider the top 10 Pennsylvania car insurance companies:
Allstate Fire and Casualty Insurance Company
Allstate auto insurance is very customizable and has a variety of unique benefits that should be weighed when comparing prices. Accident forgiveness is a drawing point for many consumers. Even if the accident is determined to be the policy holder s fault, the rates will not go up.
Each year a driver goes without an accident, Allstate takes $100 off of the deductible, up to $500, through it s deductible rewards program. For every six months without an accident, the company gives you a safe driving bonus check worth up to five-percent off of your premium.
If your car is totaled within the first three years, you are eligible for a new car as opposed to reimbursement for the car s depreciated value. In addition Allstate offers an array of discounts, such as a defensive driver discount, good student discount, and 55 and retired discount.
Erie Insurance Exchange
Erie Insurance Exchange offers competitively priced auto insurance. The company boasts over 30 extra policy features and a customizable auto policy with flexible payment plans.
Based on the payment plan chosen, you can save between five- and seven-percent on your premium. Discounts include safe driver discounts, multi-car discounts, age 55 or over discounts, college driver discounts, and more.
The first accident forgiveness plan ensures that those who qualify will not given a surcharge for their first at-fault accident. Erie focuses on customer service allowing the process to run smoothly.
GEICO General Insurance Company
GEICO has received high ratings in customer satisfaction. Claims, questions, and issues are handled swiftly.
In addition to the standard auto insurance offerings, emergency road side service, rental reimbursement, and mechanical breakdown insurance are available. GEICO offers discounts and savings based on vehicle equipment, driving history and habits, the driver s education, driver affiliations, and customer loyalty.
Liberty Mutual Insurance
Liberty Mutual offers a variety of benefits, features, and services to help you save money on car insurance and return to driving as soon as possible after an accident, breakdown, or theft.
Benefits of Liberty Mutual auto insurance include accident forgiveness and new car replacement. A convenient feature the company offers is lifetime repair guarantee on your vehicle at approved Total Liberty Care repair shops.
Nationwide Insurance Company of America
Nationwide offers its Nationwide Blue Ribbon Claims Services. Policy holders are given a written guarantee on repairs at their selected Blue Ribbon Claims Services repair shop. The guarantee is good for the entire time you own or lease the car.
Auto insurance discounts include multi-vehicle discounts and accident-free discounts. Drivers can also receive a discount when they insure their home and car with Nationwide. Nationwide works with its customers to examine their needs and budget.
Progressive offers innovative tools to save you money on auto insurance, such as Snapshot. Snapshot is a pay-as-you-drive program. Progressive sends you a device to plug into your car for 30 days, which keeps track of your good driving habits.
Drivers can receive up to a 30-percent discount on their premium. Progressive also offers homeowner, multi-car, student, and pay-in-full discounts.
Accident forgiveness applies to those who have had a Progressive policy for four years and have gone three consecutive years without an accident. An E-sign bonus allows you to save $50 for signing documents online.
State Farm Insurance
State Farm boasts a slew of discounts to make a car insurance policy even more affordable and can secure drivers up to 40-percent in savings. Discounts include multi-vehicle, multi-line, new vehicle safety, accident-free, anti-theft device, defensive driving, good driving, good student, and driver training discounts.
Policy holders can pay smaller payments more frequently or larger payments less frequently either by mail, walk-in, phone, mobile device, or online. The flexible payment plans can be tailored to your needs.
USAA Military, Home, Life Auto Insurance
USAA has received accolades for its customer service. Perks include roadside assistance, an award-winning claims service, guaranteed renewal, accident forgiveness, flexible payment options, and exclusive benefits for members of the military, veterans, and their family members.
Discounts include military, safe driver, family, low mileage, multi-vehicle, multi-product, and good student discounts. The company also emphasizes teen driving safety by providing roadside assistance and driving tips and advice for new drivers.
In addition to the state car insurance requirements, Travelers takes it a step further offering the option of adding extended transportation expense coverage, repair collision coverage, replacement collision coverage, coverage of charges for towing and labor, auto death indemnity, auto loan and lease protection, and more.
Policy holders can receive a discount of up to 15-percent if their car has safety features, including airbags, anti-lock brakes, and anti-theft devices.
Additional discounts, like good student, multi-product, multi-car, driver training, new vehicle, and home ownership discounts, can be applied, along with an accident forgiveness policy.
21st Century Insurance
By qualifying for 21st Century Insurance discounts you can cut your insurance costs. Discounts include multi-car, homeowner, mature driver, car safety features, good student, and driver training discounts.
The company uses automated rating and underwriting systems to personalize the cost of auto insurance for each individual driver. In addition, 21st Century allows drivers to have their car repaired at the reputable repair shop of their choice.
21st Century auto insurance is centered around convenience. Find quotes from the right company for you with our FREE ZIP code search! Comparison shopping for insurance quotes online is the simple way to guarantee that you re getting the best possible value on the coverage you need.
Top Pennsylvania car insurance companies offer discounts, features, and coverage options that can allow you to further reduce your premium.
Comparing insurance companies online allows you to receive multiple rate quotes from quality insurance companies almost instantly. Evaluating auto insurance rates side-by-side lets the consumer hone in on the cheapest auto insurance options available to them, resulting in significant savings. Get started with our FREE quote comparison tool now!