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Medical errors are a leading cause of deaths and injuries in the United States. Patients who have been injured by a health professional could be entitled to a substantial amount of compensation.
Economic damages, also called special damages, cover the financial losses suffered by the victim. They include future and past medical expenses, lost income and more.
Economic Damages
Economic damages reimburse you for any financial expenses incurred due to your injury, such as medical expenses that have already been paid and future care that is needed. They may also cover lost earnings if injuries prevent you from working, and lawsuit other financial losses that are documented.
Non-economic damage is harder to quantify and are more abstract. They can include physical suffering and pain as well as a decrease in your quality of life or emotional distress. Your lawyer can help prove your losses using testimony from witnesses experts, financial analysts who are experts, and other evidence such as medical documents and evidence of your injuries.
The first known case of medical malpractice was Stratton v. Swanlond in 1374, which established the basis of breach of duty between a doctor and a patient. It was also the first medical malpractice lawsuit to award damages to a plaintiff.
Surviving damages are available to victims for the period after the malpractice until their death. These damages can comprise medical expenses and lost income, as well as non-economic losses like mental distress, Lawsuit loss of enjoyment of life or disfigurement.
Other damages could be available when a doctor is unable to diagnose your condition or performs unnecessary procedures. If the actions of your doctor are particularly egregious for example, when they perform unnecessary surgery for profit or for their own sexual enjoyment, punitive damages might be awarded.
In addition to the monetary settlements mentioned above, a court may give compensation for the cost of any alternative treatment that would have been required but for the medical negligence. This could include a less invasive surgical procedure, or a different course of treatment that could have potentially prevented your injuries.
Medical Malpractice Caps
As the number of malpractice lawsuits was increasing, a lot of states passed legislation that caps damages in malpractice cases. These limits reduce the amount of money you can get from a jury if your claim is considered to be excessive or unreasonable.
Most states cap both general and special damages. However, some places only restrict damages that are not economic. Regardless of the amount of caps, you'll need to provide strong and compelling evidence to support your medical malpractice lawyers malpractice claim.
If you've been the victim of medical malpractice, call us anytime to set up an appointment free of charge. Our knowledgeable lawyers will help you assess the value of your case, and help you to pursue a fair verdict or settlement. We will protect your rights if your case goes to court. Contact our offices in San Diego and Phoenix, or submit the online form to start the process. We handle all types of medical malpractice cases throughout the United States. Our firm is committed to ensuring that clients receive the highest compensation for their injuries. We represent victims of negligence in California Arizona Washington Oregon Illinois Texas and Tennessee. We can travel to our clients in their homes or offices.
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