A medical mistake can change everything, leaving impacted patients needing ongoing treatments, surgeries, or even lifelong care that they wouldn’t have needed otherwise. That’s why victims of medical malpractice need to know that future medical expenses can be included in their malpractice claim but are not automatically covered.
Like personal injury claims, medical malpractice cases allow only one chance to seek compensation. The victim and their attorney must calculate all future expenses before negotiating with insurers to avoid unexpected out-of-pocket costs.
Read on to find out which future expenses to include in your settlement and how our qualified Cleveland medical malpractice lawyers can help you win full compensation for ongoing care.
What Are Common Types of Future Expenses in Medical Malpractice Claims?
Victims of medical malpractice often face ongoing costs beyond their immediate medical bills. Some of the most common future expenses to include in your claim include:
Expense
Explanation
Examples
Ongoing Medical Treatment
Covers necessary follow-up care and specialized medical attention.
Follow-up surgeriesPhysical therapySpecialized medical care
Rehabilitation Costs
Includes therapy and training to help regain function and independence.
Physical and occupational therapyAdaptive training for disabilities
Prescription Medications
Accounts for medications needed to manage pain or complications.
Long-term pain managementMedications for chronic conditions
Medical Equipment
Provides for assistive devices and home modifications.
WheelchairsProstheticsInstallation of wheelchair ramps, grab bars, etc.
Home Healthcare Services
Ensures necessary in-home medical or personal care support.
Professional caregiversNursing assistance
Lost Future Earnings
Compensates for lost wages or reduced earning capacity.
Inability to return to workReduced earning potential
Pain and Suffering
Addresses ongoing physical pain and emotional distress.
Failing to include these expenses in a medical malpractice claim can leave you without the financial resources to cover your long-term care.
Can I Get Additional Compensation Later If My Settlement Wasn’t Enough?
After accepting a medical malpractice settlement, seeking more compensation is nearly impossible. Most agreements include a release that blocks future claims, even if new expenses arise. The only exception is if an entirely separate malpractice incident occurs later. For example, if a new medical error is made in the process of treating the harm caused by the first medical error.
Insurance companies often push quick settlements that focus on immediate costs while ignoring long-term care costs. While this may seem like a relief if you’re dealing with mounting medical bills and the stress of recovery, a rushed agreement could leave you paying out of pocket for follow-up surgeries, rehabilitation, or specialized home care.
Before signing anything, work with a knowledgeable medical malpractice attorney to calculate all potential future expenses and demand the full compensation you’ll need for your lifetime care expenses.
How Do I Know if a Settlement Offer Is Enough To Cover My Damages?
Determining whether a settlement offer is fair requires thoroughly assessing current and anticipated future damages. This often involves consulting with medical experts, financial planners, and vocational specialists who can estimate future care needs and lost earning potential. Here’s what to consider:
The extent of the injury and whether it will require long-term treatment
Projected medical costs based on expert opinions
The impact on your ability to work and earn income in the future
Quality of life changes resulting from the malpractice
The Importance of Legal Representation in Medical Malpractice Cases
Medical malpractice claims are complex and require substantial evidence to prove liability and future damages. With skilled legal representation, you can:
Pursue a claim that accounts for every future expense related to your injury.
Relax and focus on getting better while your attorney handles every aspect of your case.
Push back against lowball settlement offers and fight for the compensation you deserve.
Work with expert witnesses, such as medical specialists or financial analysts, to strengthen your case.
An experienced medical malpractice attorney can take your case to trial if the defendant's insurance refuses a fair settlement. This allows you to seek full compensation under Ohio law, including unlimited economic damages and up to $1 million in non-economic damages for serious injuries. A jury verdict often results in a higher payout than an out-of-court settlement.
Contact a Cleveland Medical Malpractice Lawyer Today
If you or a loved one has suffered due to medical malpractice, do not settle for less than you deserve. The Cleveland medical malpractice lawyers at Nurenberg, Paris, Heller & McCarthy are committed to helping victims secure compensation for both immediate and future expenses.
Contact us today for a free consultation to discuss your case and explore your legal options.
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