Medical Malpractice Compensation

Medical errors are a major cause of injuries and deaths in the United States. Those who have been harmed by a health care provider could be entitled to a substantial amount of compensation.

Economic damages, also known as special damages, cover a victim's financial losses. These include past and future medical expenses, lost income, and many more.

Economic Damages

Economic damages pay for any financial loss that is incurred due to your injury. This includes medical services already paid for and future medical care needed. They can also include lost earnings if the injuries keep you from working, as well as other documented financial losses.

Non-economic damages are harder to quantify and are not as tangible. These damages can include physical discomfort and pain as well as a decline in the quality of life, or emotional distress. Your lawyer can assist you to prove your losses using experts financial analysts and witness testimony. Other evidence like medical records and other documentation can also be considered, such as medical records.

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

A victim may be entitled to survival damages that cover the period of time from the time the incident occurred up until death. These damages can include medical costs and lost income, as well as non-economic damages such as mental anguish loss of enjoyment of life or disfigurement.

Other damages may be available in the event that a physician misdiagnoses or performs unnecessary procedures. Punitive damages can be awarded in the event that your doctor's error is especially egregious. For instance that they have performed an unnecessary procedures to earn money or for their sexual pleasure.

In addition to the monetary compensation mentioned earlier the court may also give compensation for the cost of any alternative treatment that might be required if not due to medical negligence. This might have included a less risky surgical procedure or a different course of treatment that could have prevented your injuries.

Medical Malpractice Caps

As the number of malpractice lawsuits increased, a number of states passed legislation that caps damages in malpractice cases. These limits reduce how much money you could receive from a juror if the claim is deemed excessive or unreasonable.

The majority of states place caps on both general and special damages, however certain states limit only the amount of non-economic damages that can be compensated for. Regardless of the amount of caps, you will need to present strong and compelling evidence to win your medical malpractice claim.

Contact us to set up an appointment if you've been the victim of medical malpractice. Our skilled lawyers can help you determine the worth of your case and help you seek a fair settlement, or a favorable verdict. We will fight for your rights in the event that your case is taken to the court. Contact our offices in San Diego and Phoenix, or fill out the online form to begin. We handle all types of medical malpractice cases throughout the United States. Our firm is committed to helping clients receive maximum compensation for their injuries. We represent patients injured by medical malpractice in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We can travel to clients' homes or offices.