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Medical errors are a leading cause of death and injury in the United States. Patients who have been injured by a healthcare professional could be entitled to a substantial amount of compensation.
Economic damages, also referred as special damages, are a way to cover the financial losses of a victim. This includes future and past medical costs, lost income and more.
Economic Damages
Economic damages pay for the financial costs associated with your injury, such as medical expenses that have already been paid and future medical care that is required. You may also seek economic damages for lost wages if the injuries make it difficult to work.
Non-economic damage is harder to quantify and are less tangible. These damages could include physical discomfort and pain or a decrease in the quality of life or emotional distress. Your lawyer can help you show these losses through expert financial analysts and witness testimony. Other evidence, such as medical records and other documents can be utilized, as well as medical malpractice lawsuits records.
The earliest documented case of medical malpractice was Stratton V. Swanlond in 1374, which laid the foundation for medical malpractice breach of duty between a physician and the patient. It also was the first medical malpractice lawsuit to award damages to the plaintiff.
Surviving damages are available to victims for the period after the malpractice until their death. These damages can include medical costs and lost income, in addition to non-economic losses like mental distress or loss of enjoyment life, or disfigurement.
Other damages can be awarded in the event that a doctor is unable to diagnose or performs unnecessary procedures. The court may award punitive damages if your doctor's negligence is particularly egregious. For example that they have performed an unnecessary surgery to make money or to satisfy their sexual pleasure.
In addition to the monetary compensation mentioned earlier, a court may award 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, many states passed legislation that caps damages in malpractice cases. These limits limit the amount of money you can get from jurors if your case is deemed to be excessive or Medical Malpractice unreasonable.
Most states put caps on both general and specific damages, but certain states limit only to the amount of non-economic damages that can be compensated for. Regardless of the amount of caps, you'll have to prove strong and convincing evidence to be able to win your medical malpractice claim.
Contact us to set up a consultation if you have been the victim of medical malpractice. Our experienced lawyers can assist you assess the value of your claim, and help you seek a fair settlement or a verdict. We will protect your rights in the event that your case is taken to court. Contact us at our San Diego or Phoenix offices or fill out the online form. We handle all kinds of medical malpractice cases throughout the United States. Our firm is dedicated to helping clients receive maximum amount of compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to meet clients at a place that is most convenient for them.
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