Medical Malpractice Compensation

Medical errors are a major cause of death and medical malpractice injury in the United States. People who have been injured by a healthcare professional could be entitled for a substantial amount of compensation.

Economic damages, also known as special damages, pay for the financial losses incurred by a victim. They include future and Medical Malpractice past medical expenses, lost income and more.

Economic Damages

Economic damages are a way to cover any financial costs associated with the injury, for example medical services that have already been paid for and future care that is necessary. They can also include lost earnings if injuries prevent you from working, as well as other financial losses documented.

Non-economic losses, often called general damages, are not as tangible and are more difficult to quantify in terms of a dollar. These damages could include physical pain and discomfort as well as a decline in the quality of life, or emotional distress. Your lawyer will assist you prove your losses using witness testimony, expert financial analysts, and other evidence, including medical records and documentation of your injuries.

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

A victim could be entitled to compensation for the duration of their life which cover the duration of time from the time the incident occurred, up to the time of death. These damages could include medical expenses and income loss in addition to non-economic damages like mental trauma, disfigurement or loss of enjoyment of living.

Other damages are possible in the event that a doctor misdiagnoses or performs unnecessary procedures. In addition, punitive damages may be awarded if your doctor's negligence is particularly severe. For example that they have performed an unnecessary procedures to earn money or for sexual pleasure.

A court can also award compensation for alternative treatment required but for medical negligence. This could include a less invasive surgical procedure or a different course of treatment that could have potentially prevented your injuries.

Medical Malpractice Caps

As the number of malpractice claims increased, many states passed legislation that limits the amount of damages in malpractice cases. Limits limit the amount money you could receive from a judge if your claim is deemed excessive or unreasonable.

Most states set caps on both general and specific damages, but certain states limit only the amount of non-economic damages that can claim compensation for. Whatever the number of caps, you'll need to present solid and convincing evidence in order to win your medical malpractice claim.

Contact us to schedule a consultation if you have been the victim of medical malpractice. Our skilled lawyers can help you determine the value of your case and help to negotiate an equitable settlement or verdict. If your case goes to trial, we'll defend your rights in court. Contact our offices in San Diego and Phoenix, or complete the online form to start the process. We handle all kinds of medical malpractice cases throughout the United States. Our firm is committed to helping clients receive the maximum compensation possible for their injuries. We represent victims of medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We can travel to our clients at their homes or offices.