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Medical Malpractice Compensation

Medical errors are one of the leading causes of injuries and death in the United States. Patients who have suffered injury due to a medical professional may be entitled to substantial compensation.

Economic damages, sometimes referred to as special damages, pay for the financial losses of a victim. This can include future and past medical costs loss of income, and other.

Economic Damages

Economic damages reimburse you for the financial burdens associated with the injury, for example medical malpractice lawsuits expenses that have already been paid for, as well as future care that is needed. They may also cover lost earnings if the injuries keep you from working, and other financial losses documented.

Non-economic damages, commonly referred to as general damages, are less tangible and are harder to quantify in a dollar amount. They can include physical pain and suffering as well as a decrease in your quality of life, or emotional distress. Your lawyer will assist you demonstrate these losses by using witness testimony experts, financial analysts who are experts, and other evidence such as medical records and documentation of your injuries.

The first case to be cited for medical malpractice was Stratton v. Swanlond in 1374, which established the basis of breach of duty between a physician and the patient. It was also the first medical malpractice lawsuit to award damages to the plaintiff.

A victim could be entitled to a survival award that cover the length of time following the moment when the mishap occurred up until the time of death. These damages can include the cost of medical malpractice lawsuits treatment and loss of income and non-economic damages such as mental anguish, medical malpractice disfigurement, or loss of enjoyment of living.

Other damages are possible if a doctor misdiagnoses your condition or performs unneeded procedures. Punitive damages can be awarded in the event that your doctor's error is especially egregious. For instance the case of a doctor who performs an unnecessary surgery to make money or for their sexual pleasure.

A court may also award compensation for any alternative treatment that was needed but not due to medical negligence. This could have included a less invasive surgical procedure or a different 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 legislation that limits the amount of damages in malpractice cases. These limits limit the amount of money you can get from a jury when your claim is deemed excessive or unreasonable.

Most states have caps on general and special damages. However, some states have a limit on damages that are not economic. Whatever the amount of caps, you will need to provide strong and convincing evidence 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 worth of your claim and assist you negotiate a fair settlement or a verdict. If your case is taken to trial, we'll fight for your rights in court. Call our offices in San Diego and Phoenix, or submit the online form to begin. We handle all kinds of medical malpractice cases across the United States. Our firm is committed to helping clients receive the maximum compensation for their injuries. We represent victims of malpractice in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to meet clients at a location that is comfortable for them.