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Medical errors are the most frequent cause of injuries and deaths in the United States. Those who have suffered harm from a healthcare professional may be entitled for a substantial amount of compensation.
Economic damages, also called special damages, are used to cover the financial losses suffered by the victim. They include future and past medical expenses, lost income, and many more.
Economic Damages
Economic damages pay for the financial burdens associated with your injury, like medical expenses that have already been paid and the future treatment that is necessary. They can also include lost earnings if the injuries keep you from working, and other documented financial losses.
Non-economic losses, often called general damages, are not as tangible and difficult to quantify in terms of dollar value. These damages can include physical pain and discomfort, a reduction in quality of life or emotional stress. Your lawyer can help to prove your losses using experts financial analysts and witness testimony. Other evidence like medical records and other documents can also be considered, such as coldwater medical malpractice law firm records.
Stratton in v. Swanlond, a case from 1374, which established the basis of medical malpractice as a breach of obligation between a doctor and a patient. It also was the first lawsuit in medical malpractice to award damages to plaintiffs.
A victim may be entitled to compensation for the duration of their life, which cover the period of time after the malpractice was discovered up to the point of death. These damages may include medical expenses and lost income in addition to non-economic damages like mental anguish, disfigurement or loss of enjoyment living.
Other damages are possible in the event that a physician mistakes in diagnosing or performing unnecessary procedures. If the actions of your doctor are particularly severe or if they perform unnecessary surgery to make profit or for personal sexual enjoyment, punitive damages might be awarded.
A court can also award compensation for alternative treatment that is required but for medical negligence. This could 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 laws that limit damages in malpractice cases. Limits on damages limit the amount of money you can be awarded by the jury if your claim is considered to be excessive or unreasonable.
Most states have caps on general and specific damages, but some states limit only the amount of non-economic damages that can receive compensation for. Whatever the amount of caps, you will have to prove compelling and solid evidence in order to win your medical malpractice claim.
If you have been a victim of medical malpractice, contact us anytime to schedule an appointment for a no-cost consultation. Our skilled lawyers can help you determine the value of your claim and assist you negotiate a fair settlement or a verdict. We will protect your rights if your case is taken to the court. Call our offices in San Diego and Vimeo Phoenix, or fill out the online form to get started. We handle all kinds of medical malpractice cases throughout the United States. Our firm is committed to ensuring that clients receive the maximum amount of compensation for their injuries. We represent victims of medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas, and Tennessee. We can travel to clients office or homes.
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