When modern medicine fails us, we sometimes rightfully attribute it to medical negligence. For victims of medical negligence, misdiagnosis, surgical malpractice, or medication errors can create long-term or even lifelong medical needs.
When medical mistakes threaten your future wellbeing, you can often sue for future medical expenses in a medical malpractice case.
Your future medical expenses are the medical needs that will arise after you settle your claim or a court enters a judgment. Once you resolve a malpractice claim, you cannot reopen the case and request more compensation later.
That is why it is critical to consider all of your future medical needs, as well as past medical expenses, when presenting a case to an insurance company or jury.
For help calculating a fair value for your claim or lawsuit, call Newsome Melton at 1-855-MED-ASKS today. Our medical malpractice team can determine a value for your compensatory damages that will take into account the care you need in the future.
How Do I Prove Future Medical Costs?
There are no bills or receipts that will support a claim for future expenses. This does not mean, however, that the court or insurance company will not consider them as part of your damages.
To prove your future medical costs, we can enlist the help of a physician or other health care provider to testify that your condition is chronic and will require continued medical care. This testimony will also include the specific type of care you will require. We will calculate a value for the reasonable and necessary medical care you are likely to need because of your injuries.
When calculating future medical expenses, it is important to consider factors like inflation. An economic expert can help give a present value for future losses. This expert may also be able to establish the total value of other future losses, such as lost earning capacity for victims who cannot return to work.
Which Future Medical Expenses Are Eligible for Compensation?
The expenses that patients will continue to incur after a claim or case ends vary. While we evaluate damages on a case-by-case basis, some examples of compensable future expenses include the following.
Some situations will require either a single or multiple surgeries to correct. Some surgeries must occur cumulatively. Others may require a patient to reach a certain developmental stage. You can request compensation to pay for these necessary procedures.
Non-Surgical Health Care
We can also request compensation for any future visits with primary care physicians, specialists, radiologists, or other health care professionals you need as a direct cause of the medical malpractice. This could include pain management, physical therapy, and the costs of medical equipment.
Some patients will require skilled long-term or permanent care. This could take place in a residential setting or in the patient’s home. If you will need this type of care, you deserve compensation to cover these costs.
Some victims will require assistance with activities of daily living for the rest of their lives. If you suffered severe injuries, you may need help with feeding, bathing, dressing, leisure activities, grooming, and chores. Our attorneys can help you fight for compensation for these costs.
Some injuries or illnesses may require a victim to be on medication for the rest of their lives. If you will require long-term medication, we can request compensation for these expenses.
Pain and Suffering
Though not a medical expense, pain and suffering is a category of non-economic damages. Many victims of medical malpractice experience long-term pain and suffering due to the years of care they will need to recover. Depression, insomnia, and a loss of enjoyment of life often accompany a serious illness or injury.
Future pain and suffering is not tied to a specific dollar value. However, our legal team can calculate a fair value to request in your case. We will take into account everything you have lost when we file your claim or lawsuit and request compensation from the at-fault party.
How Can I Get Help Calculating My Future Medical Costs?
Calculating future losses can be quite complicated, and medical malpractice victims get only one chance to resolve their case. That is why it is essential to get an accurate estimate of the costs you will face before you file a claim or lawsuit against the at-fault party.
At Newsome Melton, we specialize in helping malpractice victims across the United States recover compensation. We want to help you fight for a settlement that will take your future medical needs into account and pay for your costs to date. To discuss your case confidentially at no cost to you, call us at 1-855-MED-ASKS.
Additional Frequently Asked Questions
- Do Statute of Limitations Apply If Symptoms Were Present Immediately but Got Worse Recently?
- When Should You Contact A Birth Injury Lawyer?
- What Damages Can I Recover in a Medical Malpractice Case?
- Are There Limitations on Damages In Florida Medical Malpractice Cases?
- Is Your Medical Malpractice Case More Likely To Settle Or Go To Trial?