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Medical Malpractice Compensation

Medical errors are among the main causes of injury and death in the United States. People who have suffered harm by a medical professional may be entitled to compensation that is substantial.

Economic damages, also referred as special damages, compensate the financial losses incurred by a victim. These include past and foreseeable medical expenses, income loss, and more.

Economic Damages

Economic damages pay for any financial losses associated with your injury. This includes medical costs already paid and future care required. They can also include lost wages if your injuries stop you from working, and other financial losses documented.

Non-economic damages, often called general damages, are less tangible and are more difficult to quantify in a dollar amount. These damages could include physical pain and discomfort as well as a decline in the quality of life or emotional stress. Your lawyer can help you to prove your losses using experts financial analysts and witness testimony. Other evidence like medical records and documentation will be utilized, as well as medical records.

The earliest known case of medical malpractice was Stratton V. Swanlond in 1374, which established the basis of breach of duty between a doctor and the patient. It also was the first medical malpractice lawsuit to award damages to plaintiffs.

Surviving damages are available to victims for the period from the time of the accident until their death. These damages could include medical expenses and income loss as well as non-economic damages like mental distress, disfigurement, or loss of enjoyment of living.

Other damages are possible if a doctor misdiagnoses your condition or performs ineffective procedures. In addition, punitive damages may be awarded when the negligence of your doctor is particularly grave. For example that they have performed an unnecessary procedures to earn money or to satisfy their sexual pleasure.

A court may also award compensation for alternative treatment that was required in the absence of medical negligence. This could include a surgical procedure or alternative course of treatment which could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice claims was increasing, a lot of states passed laws that limit the amount of damages that can be awarded in malpractice cases. These caps limit the amount you can be awarded by jurors if your case is judged to be excessive or unreasonable.

Most states put caps on both general and special damages, however some places limit only the amount of non-economic damages that can be compensated for. Regardless of the amount of caps, you will need to provide strong and convincing evidence to be able to win your medical malpractice case.

Contact us for an appointment if you've been the victim of medical malpractice. Our experienced lawyers can help you determine the value of your claim and help to negotiate an equitable settlement or verdict. We will fight for your rights in the event that your case is taken to court. Contact our offices in San Diego and Phoenix, or fill out the form online to get started. We handle all kinds of medical malpractice cases across the United States. Our firm is committed to ensuring that clients receive the highest compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can meet clients at a place that is suitable for them.