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Medical errors are a leading cause of injuries and deaths in the United States. Patients who have been injured by a medical professional may be entitled for a substantial amount of compensation.
Economic damages, or special damages, compensate for the financial losses incurred by a victim. This includes past and future medical expenses as well as lost income, among other.
Economic Damages
Economic damages are a way to cover the financial burdens associated with your injury, including medical services that have already been paid for and any future care that is needed. You may also be able to seek economic damages for lost wages, if injuries make it impossible to work.
Non-economic damages, often called general damages, are less tangible and are harder to quantify in a dollar amount. They could be a result of physical pain and suffering or a decline in your 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 documents and records of your injuries.
Stratton in v. Swanlond, a case from 1374 that established the foundation of medical malpractice as a breach of obligation between a doctor and a patient. It was also the first case of Camden Medical Malpractice Lawyer malpractice to decide to award damages to a victim.
Surviving damages are available to victims for the period from the time of the accident until their death. These damages may include the cost of medical treatment and loss of income and non-economic damages such as mental anguish, disfigurement, or loss of enjoyment of living.
Other damages may be available in the event that a physician misdiagnoses your condition or performs unneeded procedures. In addition, punitive damages may be awarded if your doctor's negligence is especially egregious. For instance, if they perform unnecessary procedures to earn money or for sexual pleasure.
A court may also award compensation for any alternative treatment required but for medical negligence. This could have included a conservative surgical procedure or a different type of treatment that could have prevented your injuries.
Medical Malpractice Caps
As the number of malpractice claims was increasing, a lot of states passed legislation that limits the amount of damages in malpractice cases. Limits on damages limit the amount you can be awarded by jurors if your case is deemed to be excessive or unreasonable.
Most states have caps on general and special damages. However, some states only restrict damages that are not economic. Whatever the amount of caps, you'll have to prove strong and convincing evidence to win your medical malpractice case.
Contact us for a consultation if you have been the victim of medical malpractice. Our knowledgeable lawyers will help you determine the merits of your claim, and assist you in pursuing an equitable settlement or verdict. We will defend your rights in the event that your case is taken to the court. Call our offices in San Diego and Phoenix, or complete the online form to get started. We handle all types of medical malpractice cases throughout the United States. Our firm is dedicated to helping clients receive the maximum compensation for their injuries. We represent patients injured by medical negligence in California, Arizona, Washington, Oregon, Illinois, Texas and Tennessee. We are able to travel to meet clients at a location that is most convenient for them.
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