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Medical Malpractice Compensation

Medical errors are among the most frequent causes of injury and death in the United States. People who have been injured by a health care provider may be entitled for a substantial amount of compensation.

Economic damages, or special damages, cover the financial losses suffered by the victim. This can include future and past medical expenses loss of income, and other.

Economic Damages

Economic damages reimburse you for any financial expenses incurred due to the injury, for example medical services that have already been paid and future medical care that is required. You may also claim economic damages for lost earnings, if your injuries prevent working.

Non-economic damages, also called general damages, are less tangible and difficult to quantify in terms of dollar value. These damages can include physical discomfort and pain, a reduction in quality of life, or emotional distress. Your lawyer can help you demonstrate these losses by using expert financial analysts and witness testimony. Other evidence like medical malpractice attorney records and documentation will also be considered, such as medical records.

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

A victim could be entitled to damages for survival, which cover the period of time following the moment when the mishap occurred, up to the time of death. These damages can cover medical expenses and lost income and non-economic damages like mental distress, disfigurement, or loss of enjoyment living.

Other damages may be available if a doctor misdiagnoses your condition or performs ineffective procedures. Punitive damages are possible when a doctor's negligence is particularly grave. For instance when they perform a non-essential procedures to earn money or to satisfy their sexual pleasure.

A court can also award compensation for any alternative treatment that is required but for medical negligence. This could include a more conservative surgical procedure or a different type of treatment that could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice cases increased, many states passed laws that limit the amount of damages that can be awarded in malpractice cases. These limits limit the amount of you can collect from a judge if your claim is judged to be excessive or unreasonable.

Most states limit both general and special damages. However, some places have a limit on non-economic damages. No matter the amount of caps, you will require solid and convincing evidence in order to win your medical malpractice claim.

Contact us to set up an appointment if you've been the victim of medical malpractice. Our experienced lawyers can assist you assess the value of your case and help you pursue a fair settlement or a verdict. We will defend your rights in the event that your case goes to the court. Contact us at our San Diego or Phoenix offices or fill out the online form. We handle all types of medical malpractice cases throughout the United States. Our firm is dedicated to ensuring that clients receive the highest 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.