Medical Malpractice Compensation

Medical errors are one of the leading causes of injury and death in the United States. People who have suffered harm from a health care provider may be entitled to 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 as well as lost income, among other.

Economic Damages

Economic damages cover any financial expenses incurred due to your injury, such as medical care that has already been paid for and any future care that is needed. You may also be able to claim economic damages for the loss of wages, if your injuries prevent working.

Non-economic losses, often referred to as general damages, are not as tangible and difficult to quantify in terms of a dollar. They could be a result of physical pain and suffering and a decrease in your quality of life, or emotional distress. Your lawyer will help you prove your losses using testimony from witnesses, expert financial analysts, and other evidence such as medical malpractice law firms documents and evidence of your injuries.

Stratton in v. Swanlond, a case from 1374 that established the basis of medical malpractice, was a breach of obligation between a physician and the patient. It was also the first medical malpractice lawsuit to award damages to the plaintiff.

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 lost income, in addition to non-economic losses like mental anguish and loss of enjoyment life, or disfigurement.

Other damages could be available if a doctor misdiagnoses your condition or performs unneeded procedures. The court may award punitive damages if your doctor's negligence is especially egregious. For instance the case of a doctor who performs an unnecessary surgery to make money or to satisfy their sexual pleasure.

A court may also award compensation for any alternative treatment that is required in the absence of medical negligence. This could have included a conservative surgical procedure or a different method of treatment that could have prevented your injuries.

Medical Malpractice Caps

As concerns about fraudulent malpractice claims grew numerous states passed laws that put limits on damages in malpractice cases. These limits reduce the amount of money you could receive from an arbitrator if your claim is judged to be excessive or unreasonable.

Most states cap both general and special damages. However, some states have a limit on non-economic damages. Regardless of the amount of caps, you'll have to prove solid and convincing evidence to be able to win your medical malpractice claim.

If you've been a victim of medical malpractice, please contact us at any time to arrange an appointment for a no-cost consultation. Our skilled lawyers can help you assess the value of your claim, and help you negotiate a fair settlement or verdict. We will fight for your rights if your case goes to the court. Contact our offices in San Diego and Phoenix, or submit the online form to get started. We handle all types of medical malpractice cases throughout the United States. Our firm is dedicated to ensuring that clients receive most compensation they can 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.